As we all know, (Permanent Resident), an Australian permanent resident, is free to travel to and from Australia within five years, or before the arrival of the five-year period, or is eligible to apply for a resident's return visa, RRV (Resident Return Visa), or to a citizen, otherwise, It is likely that they will lose their hard-earned permanent status.
Back or not, has become a growing number of long-lived or ready to live in the domestic PR difficult to choose.
In order to avoid the "five-year itch", we need to sort out the following questions:
1. Will Australia's permanent residence visa expire?
According to the terms of the visa, the term "Stay period" for a permanent residence visa is "Indefinite", which means that a permanent residence visa can be granted for an indefinite period of time in Australia.
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. Come and leave if you want! Moreover, if you hold a permanent residence visa and are in Australia on or before the day of "Must not arrive after date", you can live in Australia forever as long as you do not leave the country thereafter.
In short, the permanent residence visa will expire only your Australian access right (Travel facility).
2. What is a resident return visa (RRV)?
After five years of expiring access, PR, which wants neither to lose its citizenship nor to have the right to travel freely to Australia, needs to apply for a 155 / 157 resident return visa (RRV), commonly known as "continued PR."
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.?
3. What kind of RRV? should I apply for?
There are three situations in which 155 visas can be applied:
1. "five years full two years": if you have lived in Australia for a cumulative period of two years as an Australian citizen or permanent resident in the past five years, the applicant may apply for a 155 visa valid for five years.
2. If you have lived in Australia as an Australian citizen or permanent resident for less than two years but for at least one day over the past five years, and you can prove that you are in business and culture with Australia, There are still substantial connections at work or in personal relationships (Substantial
Ties of benefit to Australia), you will have the opportunity to get a one-year visa.
3. If the time taken to leave Australia is longer, such as for more than five consecutive years, there is a compelling reason (compelling)
Reasons) can explain why you had to leave Australia and prove that you still have substantial relationships with Australia in business, culture, work or personal relationships (Substantial)
Ties of benefit to Australia), still has a one-year visa.
The majority of PR renewal cases are covered above, and if they do not, the Immigration Board will consider granting you a three-month visa, as follows:
If you have lived in Australia for less than two years as an Australian citizen or permanent resident over the past five years, but for at least one day, there are compelling reasons why (compelling reasons) can explain why you left Australia. There is still a chance to apply for a three-month 157 visa.
The table is summarized as follows:
4. What do you mean, substantive connections?
According to the Immigration Act Reg155.212 (3) and (3A), the substantive link has four main points:
Business (Business ties): generally, in addition to considering the size and nature of the business, the Immigration Service will also focus on whether your business has created jobs for Australian citizens or permanent residents, whether it is within or for Australian production; 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.
Personal (Personal ties): this is more flexible and more humanized. In principle, the longer you lived in Australia, the more advantageous it would be. Long-term settlement is also a bonus for relatives with assets such as property or Australian or permanent residence in Australia. In short, to convince the Immigration Board that despite leaving Australia for a variety of reasons, I still have an irrevocable relationship with Australia, and I am still willing to live in Australia for a long time.
5. What are the compelling reasons?
The Migration Board gives the following situations in Policy:
- The applicant's overseas family member is suffering from serious illness or death;
- The applicant is living abroad in order to be reunited 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 overseas and is unable to travel;
- The applicant has judicial proceedings abroad and is out of control of the time;
- The applicant is unable to return to Australia due to natural disasters, political events or other similar events;
- The applicant delayed his return for important personal reasons. For example, waiting for a child to complete his or her studies abroad (usually no longer than 12 months).
It is important to note that in judging whether your reasons are "convincing", the immigration officer will also take into account your previous residence in Australia and your desire to return to Australia to settle.
In short, when the immigration officer thinks that any rational person in your situation will make the same decision as you, he will think your reasons are convincing.
