PR Visa cancelled

[dart]

So here is a question which I have never seen before on the forum:

Has there been cases before where a permanent residency visa has been cancelled by the Aus Goverment? We are 2 South Africans working at our company in Brisbane, a 3rd South African is on his way as soon as his visa is approved. The joke going around the company is that the Aussies working with us will soon be in the minority, and that we are going to make them change their accents and make them like rooibos tea. (a taste which they haven't aquired just yet) We were talking the other day about the folks who have been forced to return to SA due to their sponsherships being cancelled by the companies they work for. One of my Aussie workmates jokingly said that the AUS Government should start to cancel PR visas as well and send a few more of us back to SA.

So this got me thinking< PR being cancelled?

Has this happened before?

If yes, on what grounds would this happen?

[Joefromsa]

The only time you would loose your PR visa, if you get involved in any illegal or any activity that would compromise the Australian State security in ANY way or form...

Then you will not only loose your PR visa, but you will loose your pants as well.

[Jordy]

I would think that it would depend on the type of PR visa one is on. Certain sponsored PR visas have certain requirements that need to be fulfilled. Should the requirements not be fulfilled the visa may be cancelled.

One must always remember that a visa is exactly that - a visa. No matter what visa you are on, you are still a foreigner with a foreign passport permitted to work in Australia. The government can change its mind and can change laws at any time. I was listening to the news yesterday and the opposition is calling for the Immigration Dept to reduce the 133000 visas expected to be granted in the coming year to 60 000.

The only way you have absolute right to stay in Australia is if you are an Australian Citizen.

[SandgroperWA]

Even as a Citizen, if you are invloved in illegal activities or persona non grate, the Australian Government can still canel your citizenship and deport you back to your homeland!!!!

There have been cases in the past where this has been done.....so keep you nose clean and you should be OK!!!

[JennyG]

Very interessting!

[Avatar]

Another way to lose PR would be if your visa was obtained fraudulently, and they found out about this, e.g. lying to get through your medicals, police clearances - this is visa fraud. As an example, the advice on this forum to use tippex to "scrub" records from a police clearance, then make a copy?!!!

You can also lose PR if you don't spend enough time in the country in the first 5 years, and then can't get a Returning Residents Visa - PR is valid for 5 years, and then hopefully you become a citizen, or renew.

Your PR cannot just be cancelled - it is permanent.

[JennyG]

You can also lose PR if you don't spend enough time in the country in the first 5 years, and then can't get a Returning Residents Visa - PR is valid for 5 years, and then hopefully you become a citizen, or renew.

Is this true?

[Avatar]

Hi,

If you never leave Australia, then the PR is always valid, even after 5 years is up. However if you wish to travel to and from Australia after the 5 years, then you will need a Returning Residents Visa. Here's some more info from the Immi web site:

Link: http://www.immi.gov.au/skilled/general-ski...-visa-works.htm

"This is a permanent residence visa. As a permanent resident you are permitted to remain in Australia indefinitely. This visa also allows you to travel to and enter Australia for five (5) years from the date the visa is granted. The expiry of this visa does not affect your permanent resident status if you are in Australia. However, if you wish to continue to travel to and from Australia as a permanent resident after the initial visa has expired, you must obtain a Resident Return Visa (RRV). Your eligibility for an RRV will depend on the period that you have resided in Australia."

[AndreaL]

Your p.r or any visa can be cancelled for the following reasons- Visa cancellations

[kangaroo]

You can also lose PR if you don't spend enough time in the country in the first 5 years, and then can't get a Returning Residents Visa - PR is valid for 5 years, and then hopefully you become a citizen, or renew.

Is this true?

Yes it's true. Your PR visa is valid for 5 years (in which time you can travel to and from Australia without restriction and without needing an additional visa).

However (and this is NB to keep in mind should you be travelling or wanting to live abroad - outside of Aus - in those first five years), you need to have lived in Aus for at least two years out of the five years your PR visa is valid for. That is more or less the only way you'll get a 5-year Resident Return Visa (RRV) that allows you to re-enter Australia should you travel/live abroad AFTER the first five years of your PR visa have passed and you're not yet an Australian citizen.

Refer to the part about RRVs on this page: Fact Sheet 95 - Documents Needed to Enter Australia

Below is the relevant info for sake of convenience:

Resident Return Visas (RRVs)

The purpose of RRVs is to facilitate the re-entry into Australia of non-citizen permanent residents; and to ensure that only those people who have a genuine commitment to residing in Australia, or who are contributing to Australia's well-being, retain the right to return to Australia and remain permanently.

The applicant must be:

a permanent resident holding a valid permanent visa

a former permanent resident whose last permanent visa was not cancelled, or

a former Australian citizen who has lost or renounced his or her Australian citizenship.

For a five- year RRV, applicants must have spent two years out of the past five years in Australia as a permanent resident or have substantial and beneficial ties to Australia. Applicants who have been absent from Australia for more than five years must also have compelling reasons for their absence of more than five years.

A three-month RRV may be granted to persons who don't yet qualify for a five-year RRV but have strong reasons to go overseas, such as the severe illness of a family member. Applicants must have spent at least one day in Australia in the past five years as a permanent resident, and have compelling and compassionate reasons for departing Australia.

Spouses and family members of an RRV holder who are or have been permanent residents may be granted RRVs on the basis that their family head holds an RRV. An RRV granted on this basis will have the same validity period as the family head's, whether the family member applies for an RRV at the same time as the family head or later.

If the family member meets one of the other criteria for an RRV in their own right, they will be granted an RRV with the full five-year validity.

[vic]

Even as a Citizen, if you are invloved in illegal activities or persona non grate, the Australian Government can still canel your citizenship and deport you back to your homeland!!!!

There have been cases in the past where this has been done.....so keep you nose clean and you should be OK!!!

ok fair enough but back it up with official validation. http://www.citizenship.gov.au/loss/deprive-citz.htm

nothing annoys me more than hearsay or unvalidated info..

[Enrica]

ok fair enough but back it up with official validation. http://www.citizenship.gov.au/loss/deprive-citz.htm

nothing annoys me more than hearsay or unvalidated info..

Vic

I think thats rather unfair, that you feel its scare mongering.............I think it quite logical what SG had to state......why do you think its scare mongering?

When you have the privelage of being a Citizen , the onuse is on you to obtain the necessary information.

It everthing that is not backed up annoys you , then you need to chill mate. This is a just a forum, this is not legal advice

[AndreaL]

Enrica is right

The forum members offer their advice, and that is all it is freely- it is up to each person to do the research needed, I don't always have the time or knowledge to provide detailed links but would assume that anyone taking the huge step to emigrate would do their homework- personally, I thank all forum members for their advice and then check it anyway!

Don't get me wrong Vic, I do understand your frustration, the " a friend of a friend said such and such" can irk but at the end of the day it is just people trying to help one another.

[vic]

Vic

I think thats rather unfair, that you feel its scare mongering.............I think it quite logical what SG had to state......why do you think its scare mongering?

When you have the privelage of being a Citizen , the onuse is on you to obtain the necessary information.

It everthing that is not backed up annoys you , then you need to chill mate. This is a just a forum, this is not legal advice

Enrica

Backup where did I state its scare mongering.. dont put words there that I didnt put my post .. I dont think that what Sandgroper said was logical quite frankly when you dealing with issues regarding pr/citizenship make sure your info has the correct info, not information that gives the appearance of being infomation with out being factual as this can cause grief to certain readers who rely on the site for information. What I was pointing out was my annoyance of statements Like Sandgropers (below) which carry a lot a weight even though they dont carry the actual facts

Even as a Citizen, if you are invloved in illegal activities or persona non grate, the Australian Government can still canel your citizenship and deport you back to your homeland!!!!

There have been cases in the past where this has been done.....so keep you nose clean and you should be OK!!!

Enrica dont get petty and tell me to chill I am perfectly Chilled MATE, I think that you miss understood me and made assumptions that I think its scare mongering.I understand that the onus is on one when one gets Citizenship to fully research the actual legal facts, however as many people rely on this site for info it is far better if facts are provided, in the form of a official website link rather than hearsay or whatever for example chinese whispers abounded

PS I am actually a Citizen have been for many years

Edited February 22, 2009 by vic

[IslandStyle]

Vic I agree with you but I don't see how you can refer to that as hearsay or unvalidated information. All the information is readily available on the Australian government sites.

Don't take our replies too personal, but this is an open public forum. It's not a primary go-to source for quick, spot-on facts. Many of the members here have spent months reading up and researching particular topics. It's unjust to expect that each and every statement is backed up with a formal link. This forum is just an entry point. Many a post surely might and does contain wrongful information, just to show that one still has to confirm everything for yourself. Most of the posts do contain a reference to the actual source of information. Once again, it's a forum, not a wikipedia with a list of references for each and every statement.

I don't want to deviate here so send me a private message should you wish to do so. I think what we should be aiming for here is some balance between having to back up everything and merely conveying personal opinions - although it still does largely depend on a particular topic of interest.

Edited February 22, 2009 by IslandStyle

[SandgroperWA]

ok fair enough but back it up with official validation. http://www.citizenship.gov.au/loss/deprive-citz.htm

nothing annoys me more than hearsay or unvalidated info..

Dear Vic

I think Enrica is right you need to chill out. If you have be a Citizen for so many years, you should know better that the comment I made is not heresay. For your info , this topic has been discussed int he past adnaseum.

After 4 post you want to advocated that everything must be substansiated, if you have an issue that my comments ...by the way as an Australian Citizen of many years are unsubstantiated then ask the forum hosts to change format of the forum, that we only have substantiated posts. If any one has an issued with my comment as invalid and unsubstantiated , they could look the information up for themself on the Citizenship Website. But thanks anyway , you gave everyone the link.

Edited February 22, 2009 by SandgroperWA

[Naudis]

Vic, relax.

And welcome to the forum by the way.

99% of the formites on this forum have nothing but the best intentions for their fellow users.

I, for one, have found some factual and non-factual information, but overall having the forum is fantastic and very helpful. We can't all afford agents to help us, so we place reliance of the forum to obtain a balanced view, and their is no onus on the posters to make absolutely 100% sure of each stated 'fact' - that's up to each of us.

If this forum isn't your cup of tea, then you don't have to be a part of it.

You have the freedom of choice

Cheers

Naudis

[Michele R]

Nicely said Naudis.

[Leostar]

i agree - i have read things on the forum that have not quite been true - but they give you a place to start - you must to your own research - I for one know someone who misinterpreted what they read on the official DIAC website and it almost cost them their visa - so research research research - and if you get the opportunity ask an expert or professional - get answers from as many sources as possible - dont ever rely on one and then in the end you need to take responsibility for your decisions and their consequences.

[Markus&Susan]

I am applying for an ENS 856 pr visa. I think I read somewhere that I have to work for my sponsoring employer for 3 years. Is this 3 years from the time the visa is aporoved, or in total ie I have already worked for them for 4 months and haven't applied for the visa yet. Do I need to work for them in a full time capacity according to my contract or can I scale back my hours. Just want to know what will be expected of me once this visa is approved and if I cut back my hours or resign in the future before the end of the 3 years can my pr be taken away?

Any advise would be welcome. I am intending to work for my employer for a while yet, was hoping to cut my hours slightly in the future but am very grateful to them so won't be kicking them in the teeth, they have given me the opportunity to bring my family here and have my girls grow up in this wonderful environment.

Susan

[Karen-in-Brisbane]

Hi - I also have to work for my ENS employer for 3 years according to my contract. It is worded that DIAC may cancel my visa if I do not work for at least 2 yrs and that I will need to repay percentages of the relocation if I leave after 1, 2 or less than 3 yrs.....

[Jordy]

I am applying for an ENS 856 pr visa. I think I read somewhere that I have to work for my sponsoring employer for 3 years. Is this 3 years from the time the visa is aporoved, or in total ie I have already worked for them for 4 months and haven't applied for the visa yet. Do I need to work for them in a full time capacity according to my contract or can I scale back my hours. Just want to know what will be expected of me once this visa is approved and if I cut back my hours or resign in the future before the end of the 3 years can my pr be taken away?

Any advise would be welcome. I am intending to work for my employer for a while yet, was hoping to cut my hours slightly in the future but am very grateful to them so won't be kicking them in the teeth, they have given me the opportunity to bring my family here and have my girls grow up in this wonderful environment.

Susan

Susan,

I had a debate about this on another thread. I didnt search for it, but the person debating with me had the opinion that the avaliability of the position for 3 years was the requirement to obtain the visa and not a requirement to maintain the visa. In other words, in order to get the visa the position was to be available for 3 years (proof may be required by a signed contract) BUT once the visa is granted it could not be cancelled should employment be terminated prior to the three years.

I disagreed with this arguement initially but in the end I was convinced that this was the case.

[Jordy]

Hi - I also have to work for my ENS employer for 3 years according to my contract. It is worded that DIAC may cancel my visa if I do not work for at least 2 yrs and that I will need to repay percentages of the relocation if I leave after 1, 2 or less than 3 yrs.....

The employment contract cannot state grounds for cancellation of the visa. The repayment of allocation costs is between an employee and an employer and has nothing to do with DIAC.

Once you have PR you have PR even if you gained it by being sponsored.