What Happens When Pr Visa Expires?

[monsta]

Hi Guys,

I have never thought about this, but what happens when your PR visa runs out? I know in theory you apply for an extension... but how does that work? what are the requirements?

Cheers

[Alida]

Welll.... PR = PERMANENT resident. What's to expire on something PERMANENT ?

[Willa]

It depends on what you want to do.

You would either already applied for full / dual citizenship by that time or if you do not want to relinquish your SA citizen ship you can apply for Resident Return Visa.

The link to explain the conditions.

http://www.australia-migration.com/page/Resident_Return_Visa/91

[Eva]

I am not entirely sure I understand your question.

As far as I know, the only way to 'lose' your PR is to leave Australia for X amount of time without returning.

If you are in Australia on a PR Visa, you have PR and it doesn't 'go away'.

Could you explain what you mean?

[21yearsoutofrsa]

http://www.beyderwellen.com/immigration-practice-areas/cancellations.htm

I found the above that talks about how a visa can be cancelled

Cancellation under s.116

The primary grounds for cancellation of a visa under section 116 are:

The holder has not complied with a condition of the visa

Circumstances which permitted the grant of the visa no longer exist

The presence of the holder in Australia is, or would be, a risk to the health safety or good order of the Australian communit

So if you havent complied with a condition, something like you don't arrive within the required time period.

A permanent visa cannot be cancelled under s.116 if the holder has lawfully entered Australia. If the holder of a visa has not entered Australia the visa can be cancelled without notice on the grounds in s.116. Cancellation under this provision may be revoked unless the ground for cancellation is one for which the Department of Immigration must cancel the visa.

Cancellation under s.501

Section 501 of the Migration Act contains grounds for the cancellation of a visa where the Department of Immigration is satisfied that the visa holder:

Would be likely to engage in criminal conduct in Australia

Would vilify a section of the Australian community

Represents a danger to the Australian community

Would incite discord in Australia

Is 'not of good character

[zetman]

Hi there,

I thought I'd share my understanding, but I'm no expert so apologies in advance if I'm off the mark. On the permanent residence visa document it states that it gives you the right to live and work in Aus indefinately (it doesn't actually use the word permanently, probably because that would imply a greater level of 'guarantee'). Reason for this is probably that the PR visa does come with some conditions around maintaining the godd character requirements for example, and technically the government can revoke a permanent residence visa should there be strong grounds to do it. It is simply not the same as being a citizen, and as such is not guaranteed as permanent. That's exactly what happened recently when they deported that guy back to the UK after he had lived here for something like more than 20 years as a permanent resident.

On the visa it also states an expiry date for the visa, which is 5 years from the issue date. My understanding is that, should you leave Australia after that expiry date, you will not be able to re-enter the country on that visa and will need to apply for a returning resident visa. You therefore still have permanent residency status, but the visa allowing your entry into the country has expired and hence you apply for a new visa on basis of your ongiong permanent residency status. Vice versa if your visa expires but you never ever travel outside of Aus after that you will not ever need to apply for a returning resident visa and will simply stay based on your residency status.

I'm not sure what the process is for applying for a returning resident visa, I think you need to show that the bulk of your life and things that matter most to you are in Aus. Technically I guess they can refuse it if you can't demonstrate whatever the criteria are, which would leave you unable to get back into the county eventhough you are a permanent resident.

I'm not planning on taking any chances to find out exactly how that all works though and plan to lodge for citizenship as soon as we qualify. Given that the PR visa is valid for 5 years, and you qualify for citizenship after 4, most people would probably go that route.

z

[patrice]

The PR visa does not expire - but ...... the international travel and re-entry to Australia has a 5 year limit. Therefore if you stay in Aus, you are a permanent resident indefinately.

However if you travel internationally, after the 5 year 'enrty' window has expired, you need a 'returning resident visa' - for which you have to prove your 'commitment' to Australia. Alternatively you could apply for citizenship after 4 years - which obviously solves this 'problem'...

edit - eisch - zetman beat me to it by 2 minutes > ditto what he said above

[zetman]

edit - eisch - zetman beat me to it by 2 minutes > ditto what he said above

he....he.... but you did manage to say pretty much the same thing in about a quarter of the words though Patrice

[JJV]

I'm not sure what the process is for applying for a returning resident visa, I think you need to show that the bulk of your life and things that matter most to you are in Aus. Technically I guess they can refuse it if you can't demonstrate whatever the criteria are, which would leave you unable to get back into the county eventhough you are a permanent resident.

Spot-on Zetman. For those interested in the Resident Return Visa have a look at thiscourtesy of BE forum.

[Short&Tall]

It depends on what you want to do.

You would either already applied for full / dual citizenship by that time or if you do not want to relinquish your SA citizen ship you can apply for Resident Return Visa.

Just to say that I don't think you have to give up RSA citizenship to get Oz citizenship. As I understand it you can apply to RSA to retain the RSA citizenship, I know a couple of people with dual but I don't think it used to be automatic.

[monsta]

Well, thanks guys you sort of answered my question...

Basically, I have my PR visa... but to keep it I need to spend 2 years of the 5 year visa validation period living as a permanent resident in Australia or have a very good reason why I didn't.

see:

http://www.immi.gov.au/migrants/residents/155/eligibility.htm

So, when everyone says "you have 5 years to migrate" its not entirely true. Ideally you should spend 2 of the 5 years in Australia.

[LeeInOz]

As long as you have 2 of the 5 years in Australia there is no problem.

From here on the Immi website

http://www.immi.gov.au/e_visa/rrv.htm

Resident Return visa label requirements

Australia does not require you to have a Resident Return visa label or stamp in your passport to remain in or enter Australia. However, if you are travelling through other countries, you may be required by those countries to have an Australian visa label or stamp in your passport.

If you intend travelling though any country which may require you to have an Australian visa label or stamp in your passport, we recommend that you get a visa label in your passport.

A visa label may be obtained by attending any office of the department with your current passport, or by sending in your passport by registered post to your nearest office.

Note: The first label of a Resident Return visa is free, however, a fee applies for an additional label.