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Discussion Starter · #1 ·
I am a PR Holder (sub class 190) since Feb 2015. I moved Melbourne-Australia with my family in April 2015 and lived there for about five months and returned back to my home country India with my wife and younger son since I did not get the job. My elder son (18 yrs) remained there who is still studying his bachelors and has lived there for more than 2 yrs now.

My question is that if my son wants to renew his PR in 2020, will he face any difficulty as he has a dependent visa and I being the Primary Applicant?
Another point is that mine is a Victoria State Sponsorship but my son is studying in Sydney-NSW.

Any expert advise will be highly appreciated.

Thanks!
 

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Assuming he meets the requirements for a Resident Return Visa at that point, he will be able to apply for one on his own regardless of your visa status.
 

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I am a PR Holder (sub class 190) since Feb 2015. I moved Melbourne-Australia with my family in April 2015 and lived there for about five months and returned back to my home country India with my wife and younger son since I did not get the job. My elder son (18 yrs) remained there who is still studying his bachelors and has lived there for more than 2 yrs now.

My question is that if my son wants to renew his PR in 2020, will he face any difficulty as he has a dependent visa and I being the Primary Applicant?
Another point is that mine is a Victoria State Sponsorship but my son is studying in Sydney-NSW.

Any expert advise will be highly appreciated.

Thanks!
No, your son is now a Permanent Resident in his own right. :)

He won't need to renew his PR, it's permanent unless he leaves Australia. But the travel facility attached to the grant expires after 5 years.

If he does want to leave after that first 5 years, (even for only a short period) he will just need to get an RRV which gives him the authority to re-enter Australia - and he just needs to have been a resident (in Australia) for 2 years or more to get a new 5 year RRV. :)

Then again, after 4 years residence he might choose to apply for Citizenship. :)
 

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I am a PR Holder (sub class 190) since Feb 2015. I moved Melbourne-Australia with my family in April 2015 and lived there for about five months and returned back to my home country India with my wife and younger son since I did not get the job. My elder son (18 yrs) remained there who is still studying his bachelors and has lived there for more than 2 yrs now.

My question is that if my son wants to renew his PR in 2020, will he face any difficulty as he has a dependent visa and I being the Primary Applicant?
Another point is that mine is a Victoria State Sponsorship but my son is studying in Sydney-NSW.

Any expert advise will be highly appreciated.

Thanks!
Hi,

Since your son's PR is for the Victoria and he is in NSW......did he took the approval of Victorian government to release him?? Also, is there any condition mentioned on your or on his visa??
 
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Hi,

Since your son's PR is for the Victoria and he is in NSW......did he took the approval of Victorian government to release him?? Also, is there any condition mentioned on your or on his visa??
The 2 year requirement is a State obligation, not a legal (DIBP) requirement, and relates only to the applicant, not to dependents. In any case, the son has already been here over 2 years. :)
 

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Discussion Starter · #6 ·
No, there is no condition on his or mine VISA. We did not take permission since he was already a student in NSW before we got the PR means i had sent him to study there on student visa. So while he was there we got the PR with State Sponsorship from Victoria. But he continued his studies in Sydney and we did not think to move him to Victoria.
 

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Discussion Starter · #7 · (Edited)
One more Query - If I send my second son to Australia who is currently living with us in India. He is currently in Grade 10 and is 15 yrs. old and planning to send him in 2019 in Grade 12 when he will be 17 yrs old. Both of us (parents) will stay back in India because of my job.
- Can my elder son who is 20 yrs old can become his guardian for the school admission or parents only can be his guardian?
- Is it good to start in Grade 12 or shall i send him for Grade 11 after 10th from India?
- Will I face any other difficulty related to he being a student without parents?

Please advise/suggest.
Thx!
 

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One more Query - If I send my second son to Australia who is currently living with us in India. He is currently in Grade 10 and is 15 yrs. old and planning to send him in 2019 in Grade 12 when he will be 17 yrs old. Both of us (parents) will stay back in India because of my job.
- Can my elder son who is 20 yrs old can become his guardian for the school admission or parents only can be his guardian?
- Is it good to start in Grade 12 or shall i send him for Grade 11 after 10th from India?
- Will I face any other difficulty related to he being a student without parents?

Please advise/suggest.
Thx!
I'll try an offer an opinion and some guesses - but that's all they are.

Guardianship normally only applies for people over 18, so that probably wouldn't work.

Younger, and either parents/family must be responsible or some sort of arrangement would be worked out by the child welfare authorities. Whether your 20 year old son could do that I don't know - perhaps some sort of custody order from an Australian court might work, but you'd have to get serious Australian legal advice for that.

But the idea is not good anyway - you're suggesting a change of country and change of school at at time (Year 11, but especially Year 12) when school is at its most difficult for most people.

You want your son to go to school in the last year of high school - not only will the change of culture, learning methods, curriculum, and unfamiliarity with people, and lack of friends be very difficult, but this is the year with the most pressure of all, and he would be away from his family - not sure what school results you might reasonably expect him to get under those conditions. And this year's results is what will qualify him for work, or further study, so it's very important.

Honestly, I wouldn't for a moment consider doing this if it was my child. But of course, he's not, and you must decide what is best for your family. Still, think very hard on this one. :)
 

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Discussion Starter · #9 ·
Thanks Kaju for the insights.
Actually the problem is my PR ends in Feb 2020 and he will not be able to complete his Year 12 here from India. I do not want to let the PR gets wasted for the reason to complete his school from India.

Is there a possibility that my PR can be extended for 1 month as he will be able to appear for his Year 12 final exams in March 2020. Because its just a matter of 1 month. Not sure if anyone has got the PR deadline to be extended for some reasons.

Thanks!
 

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Thanks Kaju for the insights.
Actually the problem is my PR ends in Feb 2020 and he will not be able to complete his Year 12 here from India. I do not want to let the PR gets wasted for the reason to complete his school from India.

Is there a possibility that my PR can be extended for 1 month as he will be able to appear for his Year 12 final exams in March 2020. Because its just a matter of 1 month. Not sure if anyone has got the PR deadline to be extended for some reasons.

Thanks!
Once a person has PR, they keep it unless they leave Australia and don't have the right of re-entry, which expires 5 years after the grant of PR.

There are precedents for getting an RRV though, and even a 3 month RRV sounds like it would do the job in this situation.

To get a 3 month (Calss 157) RRV, the following conditions need to be met at the time of application -

you lawfully spent at least one day but less than two years in the past five years in Australia immediately before you apply for this visa
you were an Australian permanent resident or an Australian citizen the whole time you were in Australia
there is a compelling and compassionate reason for leaving Australia.

If you and your son have visited Australia already to activate your PR, I'd imagine you might have a good case to say that keeping him in school so he can finish, (espcailly for the sake of just one month) should be considered a compelling and compassionate reason. So a 157 RRV for you and the family might solve the problem.

But, I would want to be as certain about this as I could be - you need to ensure everyone's right to re-enter Australia, of course. So perhaps an email explaining the situation to DIBP, and seeking their clarification, and/or perhaps advice from a MARA-registered Migration Agent would be a good thing. :)

The last thing you want is to lose the right to re-enter Australia, so you need to investigate your options carefully. :)
 

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Discussion Starter · #11 ·
Thanks Kaju
This information is really helpful and will make me do some research on this topic of 157 RRV.
Regards
 
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