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What if you get Australia's permanent residence in (PR) for five years and don't live for 2 years?

 
[Immigration News]     01 Nov 2018
AIMS one step to study abroad and emigratewww.aimsmigration.comSocial app reference number: ONESTEPAIMS

AIMS one step to study abroad and emigrate

www.aimsmigration.com

Social app reference number: ONESTEPAIMS

Australia`s PR is valid for only five years. Five years after you get the Australian PR, will you still be able to leave and leave the country at any time? What if you are unable to meet the cumulative two-year residence in Australia within that five-year period? Today, we will introduce you to the operation of 155 Australian residents` visa to Australia.

Permanent Resident, acronym PR, is literally a permanent resident. The permanent residents of Australia are made up of two parts:


Right of residence:

Persons with PR status in Australia may live freely in Australia without restriction;


Travel Facility:

Authority in and out of Australia is generally five years, during which Australian PR holders are free to enter and leave Australia. This is why what is commonly referred to as Australia`s PR is only five years effective. Importantly, if a partner wants to last another five years before he or she expires, he or she needs to meet the five-year and two-year residency conditions.



After a lot of hard work, many friends finally got the long-awaited permanent residence visa, but they had to leave Australia temporarily for a variety of reasons. After three or five years, I suddenly looked back and found that I had not lived in Australia for two years in the past five years; moreover, I had left the country that had fought for more than five years in a row.



Is this all the way to pay, so hard to get the permanent residence visa so invalid? You`ll never be able to return to Australia as a permanent resident of Australia?


(最先) first

1. Will Australia`s permanent residence visa expire?

In order to understand the problem, let`s first find out the details of the permanent residence visa.


The "Stay period" for a permanent residence visa is "Indefinite", which means that a partner who is granted a permanent residence visa can stay in Australia indefinitely. At the same time, the permanent residence visa approval letter will have a column called "Must not arrive after date", which is exactly five years from the date of approval.


Further explanation is that getting a permanent residence visa means that you have been granted access to Australia for five years (Travel facility), is free to travel to and from Australia within five years after the approval of which you want to come and go as you want! Moreover, if a partner with a permanent residence visa is in Australia on or before "Must not arrive after date" day, he or she can live in Australia forever as long as he does not leave the country thereafter. In short, the permanent residence visa will expire only your Australian access right (Travel facility).


So now the question is, what if you plan to leave Australia for play after the expiration of your permanent residence visa for five years?


The answer is that if you want to continue to travel freely to and from Australia after the expiration of five years, you must apply for a 155 / 157 resident return visa, commonly known as "continued PR." Knowing this, we continued to look down.


like that

What is a resident return visa?

People often say "PR renewal", in fact, is to apply for 155x157 residents return visa (RRV)! This type of visa is essentially a permanent residence visa that allows you to stay permanently in Australia. Only their access rights (Travel facility) is divided into five years (155), one year (155) and three months (157). What kind of resident`s return visa is granted to you depends on your residence in Australia, your connection to Australia, the length of time and the reasons for leaving Australia, and so on.?

(分析研究经验做出结论) sum up

What kind of resident return visa should I apply for?

There are three types of applications for 155 visas:


If you have lived in Australia for a cumulative period of more than two years as an Australian citizen or permanent resident over the past five years, you can apply for a five-year visa. This is what we often say, "after taking the PR, you will have to live in Australia for at least two years within five years before you can renew the next PR."


If you have lived in Australia for less than two years as a citizen or permanent resident in Australia over the past five years, but for at least one day, and you can prove that you are in business and culture with Australia, There is still a substantial link to your work or personal relationship, (Substantial ties of benefit to Australia),. You will have the opportunity to get a one-year visa;


Of course, if you leave Australia for longer than five years in a row, but you have a compelling reason why (compelling reasons) had to leave Australia, and you can prove that you are in business with Australia. There are still substantial links to culture, work or personal relationships you can still get a year-long (Substantial ties of benefit to Australia), visa!


[语] (指上声) falling-rising tone

The three situations already cover the renewal of most permanent residence visas, and if you do not meet these requirements, the Immigration Board will consider granting you a three-month 157 visa, as follows:


If you have lived in Australia for less than two years as a citizen or permanent resident in Australia over the past five years, but for at least one day, there are compelling reasons why (compelling reasons) can explain why you left Australia. You still have the opportunity to apply for a three-month 157 visa.


Please look at the table below

In this way, the permanent residence visa does not seem to be as easy as you think it will be lost. But don`t be careless, because under the Immigration Act Reg155.212 (3) (b),) if you apply for a one-year visa abroad, be sure to be an Australian permanent resident or citizen within 10 years of submitting your application!


If this is not met, even if you have compelling reasons for leaving the country and substantial links to Australia, you will still not be able to apply for a 155 visa overseas, only to apply for another visa to Australia first. And apply for a 155 visa in Australia.


What are the compelling reasons?

"compelling reason" refers to the reason you had to leave Australia. In other words, you have to prove to the Immigration Service that you left Australia because of major events that you had to do. What kind of reason is "convincing"? The Migration Board gives the following situations in Policy:

The applicant`s overseas family is suffering from serious illness or death; the applicant is residing overseas for the purpose of reuniting with his or her Australian spouse, and the relationship between the two must be sustained and stable; The applicant or the family member accompanied by the applicant receives complex or long-term medical treatment abroad and is unable to travel; the applicant has judicial proceedings abroad and is out of control of the time; The applicant was unable to return to Australia due to natural disaster, political events or other similar events; the applicant delayed the return due to significant personal reasons. For example, waiting for a child to complete his or her studies abroad (usually no longer than 12 months).


What is a substantive connection?

Under the Immigration Act Reg155.212 (3) and (3A), if an applicant has not lived in Australia as a permanent resident or citizen for two years in the past five years, you need to prove that you still have substantial business, culture with Australia. Work or personal connections and benefits to Australia (Substantial ties of benefit to Australia). The following are the main points of these four aspects:


Business (Business ties): generally, in addition to considering the size and nature of the business, the Immigration Board will also focus on whether your business has created jobs for Australia`s citizen or permanent residents, whether it is within or for Australia; Whether to produce products or provide services in Australia, whether to export Australian products or import foreign technology, etc. In short, as long as your business can contribute to the Australian economy, employment, there is not much problem;


Culture (Cultural ties): if you are engaged in knowledge, art, sports or religion in Australia and have reached a professional level, and you are a member of relevant Australian cultural or sports groups / associations, You can prove your cultural ties to Australia. It is important to note that the Immigration Board will consider your previous permanent residence visa type and the basis on which you were granted, and it is best to prove that you were granted a permanent residence visa as a result of your work in Australia;


Job (Employment ties): if you have a permanent job in Australia (Permanet job), usually meets the requirements. But if your job is temporary, the (Casual job), Immigration Service depends on whether you have lived in Australia for the past two years. If you just get a letter of employment, (Job offer), and you haven`t started working yet, it`s okay! As long as your job is related to your qualifications and qualifications, and can provide evidence that you will soon start working (such as Australian rental contracts, real estate certificates, etc.), it can also reflect your substantial work ties with Australia.


Personal (Personal ties): this is more flexible and more humanized. In principle, the longer you live in Australia, the more advantageous you will be. Long-term settlement is also a bonus for relatives with assets such as property or Australian or permanent residence in Australia. Of course, if you left Australia because you wanted to be reunited with a spouse or child with Australian citizenship, the Migration Board will also consider plans to move your family back to Australia in the near future. In short, you have to convince the Immigration Board that despite leaving Australia for a variety of reasons, you still have an irrevocable relationship with Australia, and you are still willing to live in Australia for a long time.


Five years without two years to renew PR or has expired?

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What if you get Australia's permanent residence in (PR) for five years and don't live for 2 years?

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Tel: + 61 3 9621 2880

Office address: Level 13470 Collins Street, Melbourne, 3000 VIC


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