PR Closer to Expiry & I'm staying in RSA

[Brissie]

G'day

 

Please advise if I have to apply for a RRV (Resident Return Visa) under the following circumstances:

 

Partner Migrant Visa granted in 2010.

Date of first entry - December 2010.

Returned to South Africa December 2011.

 

PR - granted in 2014

PR - activated in September 2014 on entry to Australia for 2 week holiday.

        re-entered Australia in 2016 for 2 week holiday.

PR expires in September 2019.

 

Never lived in Australia under PR, only lived there for 1 year under Spouse Visa prior to PR in 2011.

 

Want to return to Australia in 2019, possibly in June (3 months before expiry of PR (5 year travel allowance)

Intention to remain in Australia permanently - will apply for citizenship when the time is appropriate.

 

Please advise if I have to apply for a RRV before I enter Australia, 3 months before expiry of PR? Confused, as I read up about having to stay in Australia for a minimum of 2 years in the last 5 years.

Also read something about not being allowed in Australia when the PR is "about to expire" how long before the expiration date is "about to expire"

 

Thanks

 

[tcmiller]

Lets clarify a few things here. A permanent resident visa is indefinite and does not expire while the holder of said visa remains in Australia. The travel facility (the five years on the visa) does expire after which you will not be allowed to enter/re-enter Australia. If your travel facility is still valid you will be allowed into Australia regardless of how much time is left on the travel facility, I arrived with less than 30 days on my travel facility and had no trouble at border patrol/customs. If your travel facility has expired and you would like to re-enter Australia you then need a Resident Return Visa (RRV).

 

One thing to bear in mind with an RRV is that if you have spent less than 2 years in Australia you need to provide strong evidence to support your application and answer some rather difficult questions. If you have spent two years or more in Australia you do not have to answer the tricky questions such as:

• Do you have substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia?
• Have you been absent from Australia for a continuous period of 5 years or more immediately before lodging this application?
• Have you got a compelling and compassionate reason for departing Australia?

 

Remember you will need to provide evidence to support your claims.

[TamTam]

As far as I am aware a RRV is only required if you intend to leave Australia and wish to re-enter once those five years are complete. 

 

So if your PR “expires” after you have arrived that’s fine. You will need the RRV if you intend to leave Australia again and wish to return but have not yet gained citizenship. 

 

[ChrisH]

9 hours ago, Brissie said:

Want to return to Australia in 2019, possibly in June (3 months before expiry of PR (5 year travel allowance)

 

As long as you enter before it expires you will be allowed in. 

 

In terms of the RRV, have a look at this: http://www.visabureau.com/australia/resident-return-visa-eligibility.aspx

 

So it would seem that as long as you find work before applying for your RRV they will waive the 2 years minimum requirement.

 

[TamTam]

I checked some more and I think the “about to expire” refers to it expiring whilst you are out of Australia. The travel facility on your visa is five years. During that time you can enter and leave Australia freely. You are planning on arriving with a three month buffer of that five years so you’re fine. 

[TamTam]

One last point:

 

Download the myVEVO app to check your travel facility / visa status and also look at the link below which explains the terms

 

https://www.homeaffairs.gov.au/Busi/visas-and-migration/visa-entitlement-verification-online-(vevo)

Edited June 18, 2018 by TamTam

[Brissie]

Thank you all for your advice.

 

So as per the below post from tcmiller, its best that I do not delay making a committed move to Australia after the 5 year travel facility expires other wise I might not get the RRV.

I know of a couple of people who were declined the RRV recently.

 

Thanks for the clarity

 

3 hours ago, tcmiller said:

One thing to bear in mind with an RRV is that if you have spent less than 2 years in Australia you need to provide strong evidence to support your application and answer some rather difficult questions. If you have spent two years or more in Australia you do not have to answer the tricky questions such as:

• Do you have substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia?              
• Have you been absent from Australia for a continuous period of 5 years or more immediately before lodging this application?    
• Have you got a compelling and compassionate reason for departing Australia?                                                                                      

 

Remember you will need to provide evidence to support your claims.