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Discussion Starter · #1 ·
Hi Guys,

I am a PR holder since 2003 and currently living in new delhi. I lived in OZ from 2003 till 2007 and came back to india.

I got my 5 yr RRV stamped in india itself in 2008. And, now my RRV gonna expire in nov 2012.

I have booked my ticket for july and once i land there in july, have no plans of coming back to india for another 2 yrs.

my query is- will there be any prob after nov 2012 as i have been absent for more than 4 yrs.
do i have to renew the RRV in order to live in Australia. just to confirm, i will be going back in july and will live there for good.

jonty
 

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Discussion Starter · #2 ·
Hi Guys,

I am a PR holder since 2003 and currently living in new delhi. I lived in OZ from 2003 till 2007 and came back to india.

I got my 5 yr RRV stamped in india itself in 2008. And, now my RRV gonna expire in nov 2012.

I have booked my ticket for july and once i land there in july, have no plans of coming back to india for another 2 yrs.

my query is- will there be any prob after nov 2012 as i have been absent for more than 4 yrs.
do i have to renew the RRV in order to live in Australia. just to confirm, i will be going back in july and will live there for good.

jonty
Hi,

Any reply would be appreciated
 

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Hey Jonty, i have a question. Why didnt u get oz citizenship when u lived there for 4 years ie from 2003 to 2007?
 
G

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So long as you get in to Australia before your RRV expires you can live there forever. You do not need another RRV unless you want to leave Australia for something like a holiday or emergency.
You probably wont get a new RRV immediately due to your absence but once settled you can get one, or simply wait and apply for citizenship.
 

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Discussion Starter · #5 ·
Thanks shel for providing such relevant info...


mhk
"Hey Jonty, i have a question. Why didnt u get oz citizenship when u lived there for 4 years ie from 2003 to 2007? "

Because i didn,t apply for one.. just being laid back
If i had applied, i wouldn't be facing this kind of issue..

Jonty
 

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can't u apply for citizenship when u land in oz...as u have already spend the required period of time there?
 
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No because large periods of time outside the country means you must start back near the begining. In the year immediately before you apply you must live in australia and be outside of australia no more than 90 days. In the whole 4 year period before applying no more than a year.
 

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Thanks a lot Shel...u really help in clearing our concepts :)
 

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Hi members,

What is the case in a similar situation even before the RRV?

That is, for example my if the initial 5 year visa is getting expired next month.
1. Is it legal for me to visit Australia today and live for getting eligible for an RRV in 2 the next years? (In case I would want to come back to India after say 2 or 2.5 years)

2. Will I be qualified to apply for a Citizenship aftzer 4 years in this case?

Experts, your inputs needed here :) Thanks a lot in advance!!!

Cheers,
Manu
 
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If you go to australia now, before your visa expires you can live there forever. You will not qualify for a return residents visa for some years.
If you leave Australia to live elsewhere you will not qualify for citizenship as there are strict residence requirements. If you stay in Australia without ever leaving you'll qualify for citizenship in 4 years. Time spent out of the country for extended periods increases the time it will take to get citizenship.
 

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If you go to australia now, before your visa expires you can live there forever. You will not qualify for a return residents visa for some years.
If you leave Australia to live elsewhere you will not qualify for citizenship as there are strict residence requirements. If you stay in Australia without ever leaving you'll qualify for citizenship in 4 years. Time spent out of the country for extended periods increases the time it will take to get citizenship.

thanks _Shel. for your response.

Hopefully in such a situation, one would not be considered as "illegal immigrant" since the PR validity (5 years) is over...

I am only wondering - in such a case if there are any emergencies (requiring a trip of 1 month or so..) in home country may be in 6 months... How would it be considered?? (No PR validity, RR - Eligibility a "?", Not eligible for Citizenship - on the other hand in most cases, there must be a solid "JOB" in OZ).:confused2:

How do you see this??

Cheers,
Manu
 
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No you would not be illegal. The visa is only valid for travel for 5 years but allows you to live in Australia forever. It is just that you can not use if for travel to re enter Australia so need to obtain a return residents visa or citizenship.

Five Year Resident Return Visa (Subclass 155)

Five year Resident Return visa

To be eligible for a five year Resident Return visa you must be one of the following:

an Australian permanent resident
a former Australian permanent resident whose last permanent visa was not cancelled
a former Australian Citizen who lost or renounced their citizenship.

You must also meet one of the following eligibility requirements.

You must have spent two of the last five years in Australia.

One year visa (for applicants in Australia)
You must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia; and if you have been absent from Australia for more than five continuous years since the grant of your most recent permanent visa, you must provide evidence of compelling reasons for your absence over five years.

One year visa (for applicants outside Australia)
If your last departure from Australia was as a permanent resident or Australian citizen:

you must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia and if you have been absent for more than five continuous years since your last departure from Australia as an Australian permanent resident or Australian citizen, you must provide evidence of compelling reasons for your absence over five years.

If your last departure from Australia was not as an Australian permanent resident or Australian citizen:

you must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia
and
you must have been an Australian citizen, or an Australian permanent resident, less than 10 years before the application
and
if you have been absent from Australia for a total period of more than five years since last departing as an Australian citizen or Australian permanent resident you must provide evidence of compelling reasons for your absence.



If you needed to leave urgently due to a family death, someone seriously ill etc you might get a 3 month return visa but if you did not return within the 3 months you may not get another! You would need to provide evidence of the need to travel

Three month Resident Return visa

To meet the eligibility requirement for a three month Resident Return visa you must meet one of the following eligibility requirements.

You must have spent at least one day in the last five years in Australia as a permanent resident or an Australian citizen
and
You must provide evidence of compelling and compassionate reasons for your departure.


Strong ties would be a job, a home, a wife or other family still in Australia, a place in university.
Compassionate reasons to not be in Australia could be many things such as family illness, financial reasons (though alone may not be enough).
 

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_Shel, thank you for the detailed response. You brought more clarity in my understanding :)
 

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Discussion Starter · #14 ·
Hi,

my RRV is expiring on 21st of this month(NOV).. My ticket is booked for 17th of Nov that means i will be reaching on 18th Nov..

I haven't been to Australia since last 5 yrs..I will be living there for good once i reach australia..

My concern is will there be any prob related to visa as it will be expiring on 21st and will be there on 18th nov.. just 2 days before the expiry date..

any reply will be appreciated...

jonty
 
G

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No problem at all so long as you enter Australia before it expires. BUT you wont qualify for another RRV for a while so wont be able to leave again if you want to get back in.
 
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