Rules regarding length of stay in Australia once a PR

[NicoletteJ]

Hi all. As a newbie to this forum, I do understand that if I am successful to get PR (189 Visa) which I activate with a visit, I'll have 5 years to relocate to Australia. My question is: once I have relocated, are there any rules about how long you need to stay in Australia for? In other words, would I be allowed to visit another country for a few months (as a case scenario) and not lose my PR? Your input will be appreciated  

[SandraDee]

we arrived 3 days before our 5 years was up.  My husband applied for a RRV to return to South Africa to visit his South African business after we had been here for about 6 months.  We had to prove our intent to live in Aus permanently - ie proof of our rental, confirmation of the children in school in Aus etc.  He was given a years resident return visa multiple entry with each trip not being longer than 3 months at a time.

 

Hope that helps.  If we had been here 2 out of the 5 years then we would have been issued with a visa for 3 years.

 

regards

[Mara]

Once you arrive to stay. If it is within the 5 years after visa grant, then you can travel when and where you want to. The problem arises after those 5 years. Your PR visa is only valid for 5 years. It is not that you then have to leave, BUT, the government rightly believes, that in granting you the visa, you actually plan to stay in Australia.  if you have not been here for 4 years, in order to have attained Australian citizenship, then you have to apply for a returning residents visa. If you only arrived to stay, say six months before your PR visa expired, then they would probably only issue you with a RRv for a very short period of time. Hope that explains ut for you.

Edited October 8, 2016 by Mara

[NicoletteJ]

Thanks, Mara - that is very helpful. If all goes according to plan, I would move to Australia well within my 5 year period (probably by 2 years at the latest). I thought there might be rules following that of what % of the time you need to spend in Australia so that you don't lose your PR and eventually qualify for citizenship.

[PhatMyles]

12 hours ago, Mara said:

 If you only arrived to stay, say six months before your PR visa expired, then they would probably only issue you with a RRv for a very short period of time. Hope that explains ut for you.

@Mara when you say a very short period, do you mean they would give a visa that only allows one to stay out of Aus for a short period, or a visa that allows one to stay in Aus for a short period when they return?

[Mara]

A visa that only allows you to leave Australia for a short period of time.

[Mara]

This whole visa thing is about intent. If you only arrive a couple of weeks before your 5 year period is up, then stay 6 months, then you want an RRV for a year, they may well suggest that your intent was not to live in Australia....

[OubaasDik]

15 hours ago, NicoletteJ said:

Hi all. As a newbie to this forum, I do understand that if I am successful to get PR (189 Visa) which I activate with a visit, I'll have 5 years to relocate to Australia. My question is: once I have relocated, are there any rules about how long you need to stay in Australia for? In other words, would I be allowed to visit another country for a few months (as a case scenario) and not lose my PR? Your input will be appreciated  

 

 

That is mostly correct.

 

Once you get the visa, you have to visit Aus within one year to activate it. Miss that year and when you turn up 4 years later, you will find that you will not be allowed in.

 

Just a thought.

[NicoletteJ]

Thanks, yes, I do understand you have to activate it with a visit within the first year (depending on your police clearance expiry date).

[NicoletteJ]

@SandraDee thank you so much - that is extremely helpful! I'm still in the early stages of coming to grips with the idea of being away from family, so this is reassuring. Of course my intent is to stay, but it's nice to know that you can go back for visits. I visited the Gold Coast recently - it's really lovely!

[RedPanda]

In terms of Citizenship, the last time I checked the residency requirements are the following:
in the 4 years preceding application you have to;
not be outside Aus for more than 12 months,
Additionally in the 1year preceding application you have to;

not be outside Aus for more than 3 months.

Compared to the UK this is stupendously generous.

So how this links up with your PR: your PR gives you freedom of movement for 5 years, and right to remain indefinitely. After the 5years you have to either apply for citizenship and get a passport (giving you freedom of movement indefinitely) or you need to apply for a Resident Return Visa(giving you freedom of movement for the time deemed appropriate by Border Control)

So there are two separate things at play here:  freedom of movement, and right to remain.
PR gives 5yr freedom of movement, indefinite right to remain
RRV gives freedom of movement for various periods, and has no intrinsic right to remain (this has to be covered by PR or similar)

Hope this clears it up?

[SurferMan]

I am still confused by the original question?

 

When I got PR, I could travel to NZ which I did, but when I applied for citizenship, I had to confirm that I had not left Aus for more than 90 days in the last 12 months. Surely if your intent is to get citizenship you will stay in Aus, as Mara says, you need to show intent. If you are living in SA for a fair bit, I would argue that the Border guys would view that in a dim light.

 

I had a mate who came over in 2011 to activate his PR, but due to his daughters shenanigans I wont go cos of my boyfriend..) he let it lapse. He then tried to re-apply but was firmly told, "You had your chance mate, frankly, you blew it." Border's exact words to him. Unless you have compelling reasons like you travel for work/live on an oil rig then i doubt they would let you in.

 

Did I miss the plot here?

[RedPanda]

45 minutes ago, SurferMan said:

I am still confused by the original question?

 

When I got PR, I could travel to NZ which I did, but when I applied for citizenship, I had to confirm that I had not left Aus for more than 90 days in the last 12 months. Surely if your intent is to get citizenship you will stay in Aus, as Mara says, you need to show intent. If you are living in SA for a fair bit, I would argue that the Border guys would view that in a dim light.

 

I had a mate who came over in 2011 to activate his PR, but due to his daughters shenanigans I wont go cos of my boyfriend..) he let it lapse. He then tried to re-apply but was firmly told, "You had your chance mate, frankly, you blew it." Border's exact words to him. Unless you have compelling reasons like you travel for work/live on an oil rig then i doubt they would let you in.

 

Did I miss the plot here?

 

I think the OP wants to know if it's like the UK, where you only get a few days outside the country per year or they kick you out. It sounds like she's thinking of things like visiting family or going on holiday, after she is already living in Australia.

[SurferMan]

Ahhh copy that, that makes sense.

[Guest]

I also was wondering about this. Hubby and I were thinking of a break in Dec or Jan for 2 weeks to Bali or Fiji and I wasn't quite sure about the resident return visa and if we needed one. If its a hassle we will probably just do a road trip, something we never did in SA. Funny thing is road trip will probably cost more than the Bali holiday. Crazy! ?

[dlmonnink]

There are also other conditions when it comes to applying for citizenship. You have to be in the country for 4 years, and can't have been out of the country for more than 90 days within the year prior to your citizenship application.

 

Lots of crazy rules hidden around every corner here.

[RichardH]

Slightly off topic, but one other thing to consider is that the cost of renewing RRVs is quite expensive.

$360 for each family member, every 5 years.

Get your citizenship and be done with it