[wm.rajput]

Hi all,

Facts.....
I, my wife and daughters have PR.
Travel facility had expired in Aug 2018.
I have already received my 5 year RRV, as I had come earlier than rest of the family.

Problem.....
Families tickets were booked already by calculating their 2 years stay and giving enough margin for processing.
This calculation turned out to be wrong and 2 years stay in Australia would not complete before their flight.
Now, If we apply their RRV before the flight it would be on the basis of substantial ties, go into manual processing and might take up to three moths

Advise required....
1. What is the risk in applying RRV and leaving the country while it is being processed?
2. what is the risk related to applying their RRV with respect to citizenship period requirements.
If we apply now, and they leave while it is in processing, would they have to start the citizen ship period from all over again???
3. Any other potential complication with leaving without having the RRV in hand???

Thank you,
Waqas

 

[paulhand]

You can apply on the basis that they are your dependants and you hold a valid RRV.

To answer your questions:
1. Risk (a pretty low one from what you have written) is that the visa is refused whilst you are offshore and they can't return
2. If they leave without a valid RRV then that will reset the PR period for a citizenship application (the 12 month period as things stand now, but that may change)
3. You can apply for the RRVs and then get bridging visas if you want to mitigate the risk.

How far off on the dates are you and can you change the flights? The cost of this may be less than having to get a new set of RRVs in a year?

 

[wm.rajput]

Thanks Paul. The flights are on the 5th of Dec and they return in Feb and changing them is costing us 4000$.

I did not fully understand your reaponse to question 2.
They have already spent close to two years now and we were expecting to apply for citizenship somewhere in 2020.

If they leave without RRV and get it while overseas, are they going to have to spend 4 more years before they qualify?

 

[wm.rajput]

Just to explain a bit more, they 1st entered in 2014 feb, left in jul 2014.
Then re entered on feb 2017 and have been living since then with only brief holidays.

 

[paulhand]

Thanks Paul. The flights are on the 5th of Dec and they return in Feb and changing them is costing us 4000$.

I did not fully understand your reaponse to question 2.
They have already spent close to two years now and we were expecting to apply for citizenship somewhere in 2020.

If they leave without RRV and get it while overseas, are they going to have to spend 4 more years before they qualify?

Not as the law currently stands, as you only need to have been a permanent resident in the final 12 months before you apply. But the government has been trying the change the PR portion of the citizenship residency requirement to 4 years and, if they succeed, then this may be an issue for you.

 

[wm.rajput]

But even if the law changed, as I understand they are proposing to increase the residence period as a Permanent resident to 4 years prior to application.

In either case they have been a resident since atleast the feb of 2017. This is really confusing me now.

People get an RRV and fly out and come back without affect on residency requirements for ctizienship right? Or wrong???

Is having an RRV before flying out different to applying and leaving and recieving it over seas from citizenship period perspective???