The United Nations has updated the Human Development Index (HDI) of all countries, with Australia ranked second most recently, second only to Norway. The United States is also ranked eighth for popular immigrants, Canada ninth and New Zealand tenth. Australia ranks first in life expectancy, education time and per capita national income.
To enjoy Australia's benefits and experience a high quality of life, the first step is to get PR. After a lot of hard work, many people are not very clear about [immigration prison] [155 / 157 resident return visa] [naturalization requirement residence time].
Today, we will use the information and immigration laws on the website of the Immigration Board to explain to you:
Australia's "immigration prison" can be renewed by one person in prison and the whole family.
155 resident round trip visas and "immigration prison"
The time of naturalization can begin to be calculated on the same day of boarding.
One person in "immigration prison," but the whole family renews it.
There has always been a misconception that Australia's immigration prison is calculated by everyone alone: that is to say, everyone has to stay within five years for two years or the PR will be cancelled.
This is so wrong. In fact, the Australian immigration prison can be a single person in prison, the family renewal. This is explained on the immigration website.
As shown in the figure below, the Immigration Service website states that members of the family member (family can be renewed together.
The only bad thing, however, is that you can only renew your 155 visa for up to one year if you haven't lived for 2 years. However, after a year of 155 later Australia, still can be a short visit and then return home. Wait until you return to Australia before the expiration of the year's 155 (recommend a second renewal of 155 onshore applications!), as shown in the figure below.
To sum up, spouses and children can only land in Australia for a short period of time. The most extreme situation is to return to Australia after a full day of residence, as long as any one of the spouses (note, it is any one of the spouses). It is not necessary to have 189 or 190 principal applicants to live for two years, and the spouse and child can apply simultaneously and obtain a one-year 155 resident return visa.
In fact, visas like 189 or 190, known as permanent resident visa, are "permanent" resident visas, and the visa itself never expires, but Australia's entry and exit permits are valid for only five years. That is what we usually call PR five-year validity. Define the following figure:
Compared with student visas, we will also find that the next letter in 189 or 190 does not indicate the expiration date of the visa in the same way as the student visa (Your visa expires on.), but usually we do not know so clearly, generally speaking, we just think that the date of expiration of the visa is not as clear as that of a student's visa. The PR visa is valid for five years.
Therefore, if the five-year entry and exit permit for a person's 189 visa expires on 1 January 2017 and the person remains in Australia, then from 2 January 2017, he or she will still have an 189 visa because the visa is permanent. It's just that the visa's entry and exit permit has expired. If the person wants to leave the country after January 1, 2017, he can apply for 155 visa at any time, 189 visa is still valid.
Therefore, the first five-year permanent residence visa may not be required to stay for 2 years. You can go back to Australia one day before the expiration of your five-year entry and exit permit, and then stay in Australia until you want to leave the country and apply for 157 or 155 depending on the length of time you live.
The following is a viable operation:
Assuming the 189 signed on January 1, 2015, has not returned to Australia after a short day, then this person can return to Australia on December 31, 2019, after which he still holds 189 visas. Moreover, in the event that the person has an urgent need to return to China on January 11, 2020, he can go to the Immigration Board to apply for a three-month 157 return to China and then return to Australia before the expiry of his 157 visa.
But! For less than two years of residence in Australia and a second extension of 155 or 157, it is recommended that an onshore application be required, as the offshore application is likely to be unable to return to Australia in the event of a problem.
The following is a true case: someone returned to Australia the last month before the expiration of his 885th visa (885 is an independent skilled immigrant code earlier), who lived in Australia as an PR for less than a year before his wife was about to give birth. After applying to immigration for three months, 157 returned to China. After that, he did not return to Australia before the expiration of 157. A month after the expiration of 157, he wanted to return to Australia. In China, he re-applied for 157 and was refused a visa!
155 resident round trip visas and "immigration prison"
If you only get a 1-year visa because you haven't lived in Australia for 2 years, do you have to renew it every year before the expiration of the PR?? The answer is no!
First of all, we understand that the 155th resident return visa is also one of the PR (there are dozens of PR visas).
As mentioned above, this visa means permanent residence in Australia. The validity period refers to the period of entry and exit permit.
All the first PR visas have a 5-year entry and exit permit. After five years, an application for 155 (or 157) will be based on length of residence and contact with Australia. However, if you only get 155 because you haven't lived for two years, that doesn't mean you have to renew it every year before the 155 expiration date.
In the case of 189 (or 190), assuming that the person's 189 expires on 31 December 2019, there is no need to apply for 155 before this time point expires, and it is perfectly possible to apply only after 2020. There is no need for a seamless connection between 189 and 155, Above also mentioned 189 expiration half a year after the application 155 is also completely no problem!
Operational recommendations:
The husband and wife, assuming that the woman has been in Australia and the man has been working in China, and assuming that the 189 of both parties expires on December 31, 2019, the man can land in Australia on December 30, 2019 and stay in Australia until January 5, 2020, and then return home. Then the man will be able to apply for 155 on any day within 5 years after the departure. Repeat that the man does not have to apply immediately on December 31, 2019, but at any time when he has plans to come to Australia.
The processing time for visas is short, usually only 2 weeks and can be applied for by online. Since they have always been closely associated with Australia (their spouses hold 155 in Australia), they can get 155 of a year's worth of money. With 155, you can go back and forth at any time in this year. If the first 155 entry permit expires one year later, and then you plan to come to Australia, you can book a ticket first and apply one month before take-off.
The time of naturalization can begin to be calculated on the day of the short landing.
For such long-term commuters to and from China and Australia, there is another question: how can we meet the requirement of naturalized residence time? What's the time? In fact, from the day of short-term landing in Australia, you can begin to calculate the length of residence required for naturalization.
According to the nationality Law, the time to leave the country within 4 years prior to the date of the application for naturalization is no more than 12 months. If you leave the country for more than 12 months in the middle, you can stay for less than 12 months (in fact, you can stay for three years before the moment of application)
The following are the length of residence provisions in the nationality Act:
Question 1: January 1, 2015, two weeks to January 14, then return to China for two and a half months, and then enter Australia on April 1, 2015 and never leave the country again. When can I become naturalized?
A: you can apply for naturalization on January 1, 2019. Obviously, according to the nationality Law, the person met the four-year residence requirement prior to the application for naturalization, and within four years he left the country for less than three months, from January 15, 2015 to March 31, 2015. The total departure time obviously did not exceed one year, so naturalization requirements were met on January 1, 2019.
Question 2: from January 1, 2015, two weeks to January 14, 2015, he returned to China for two and a half months, then entered Australia on April 1, 2015 and never left the country again. Can he apply for naturalization on January 16, 2019?
A: of course.
However, it was said that the person was not in Australia on January 16, 2015 and therefore could not count his time of residence in Australia. He was not eligible for naturalization for two and a half months and had to wait until April 1, 2019. Is that it?
Just as the first question answered that he had met his naturalization requirements on January 1, 2019, and since then he has lived in Australia and has since been able to become naturalized. There is no reason to be naturalized a few days ago, live, suddenly can not be naturalized.
According to the nationality law, during the four years prior to the application, even if less than a year did not live in Australia, it was considered to be a residence in (present in Australia)., Australia At that moment four years ago, it didn't matter at all whether a part of the period of the 4 years, used a part, or a part in the nationality law. It doesn't matter if it's the front, middle, or back of the four years. So no problem.
Question 3: from January 1, 2015, two weeks to January 14, 2015, we lived in China for 366 days, from January 15, 2015 to January 15, 2016, but we have not left Australia for one day since we arrived in Australia on January 16, 2016. May I ask, May I become naturalized on January 1, 2019?
A: no, because the period from January 1, 2015 to January 1, 2019 was 366 days (more than 12 months), so it was not satisfied for the time being.
Question 4: after question 4, when can a friend upstairs apply for naturalization?
A: when the total departure time equals 365 days, it can be satisfied. Therefore, during the four-year period from January 16, 2015 to January 15, 2019, only 16 January 2015 to 15 January 2016, just 365 days, during the four years from January 16, 2015 to 15 January 2016, it is possible to apply for naturalization on 16 January 2019.
Question 1: from January 1, 2015, two weeks to January 14, 2015, and then left the country for three and a half years. But I did not leave Australia for a day since July 14, 2018. What is the earliest time you can apply for naturalization?.
A: during the four-year period from July 14, 2017 to July 14, 2021, the absence from the territory lasted only from July 14, 2015 to July 13, 2016, for 365 days. Therefore, the conditions for naturalization were met on July 14, 2021.
Summary: the time of naturalization can be calculated on a short date. According to the nationality Law, the time to leave the country within 4 years prior to the date of the application for naturalization is no more than 12 months. If you leave the country for more than 12 months in the middle, you stay for less than 12 months (that's to say, three years before the moment of the application).
