Permanent Residence Status

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Permanent Residence Status


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Old 11-15-2017, 05:12 AM
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Permanent Residence Status

Hi all,

I have a question regarding my permanent residence status.

I obtained my PR in 2012 and during the 5 years I have not lived in Australia for 2 years thus cannot fulfill to requirement of visa 155.

I wonder if my permanent residence status has expired (am I therefore considered a former permanent resident?) or only my travel facility has expired.

Thank you very much.


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Old 11-15-2017, 06:13 AM
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Are you living in Australia currently? If not, did you live in Australia at all? Do you have any ties to Australia? Answers to these questions will determine your status.

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Old 11-15-2017, 06:54 AM
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Originally Posted by tijanaoc View Post
Are you living in Australia currently? If not, did you live in Australia at all? Do you have any ties to Australia? Answers to these questions will determine your status.
Hi tijanaoc,

Thank you for your reply.

I am currently living overseas, I lived for about 1 and a half years out of the past 5 years. I have an apartment in Sydney and I lodge my tax return every year.

My concern is that if my child were born in Australia this year, would he/she be eligible for grant of an Australian citizenship given that my travel facility has expired. Am I still considered a permanent resident of Australia?

Thank you very much.


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Old 11-15-2017, 07:06 AM
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See here:
Resident Return visa (subclasses 155 and 157)

In order to be granted the RRV, you have to show ties to Australia if you don't meet the 2/5 year requirement. Owning property is one form of a tie. I would consult with an RMA if you're unsure how to proceed.

Is your child born already? Or are you trying to return to Australia for the birth?

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Old 11-15-2017, 07:13 AM
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Quote:
Originally Posted by tijanaoc View Post
See here:
Resident Return visa (subclasses 155 and 157)

In order to be granted the RRV, you have to show ties to Australia if you don't meet the 2/5 year requirement. Owning property is one form of a tie. I would consult with an RMA if you're unsure how to proceed.

Is your child born already? Or are you trying to return to Australia for the birth?
Hi tijanaoc,

Thank you very much.

I sort of understand the requirements of getting the RRV 155 and 157.

Since I haven't lived in Australia for 2 years for the past 5 years, I won't be eligible to get the RRV 155. The only option I will have is RRV 157. I will probably consult a migration lawyer/agent in this regard.

My main concern is that my child is expected to be born early next year, if he/she were born in Australia but at the time I have not obtained my RRV, would he/she be eligible for a grant of citizenship?

I heard some say permanent residence status won't expire, only the travel facility will, I am a bit confused.

Thank you.


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Old 11-15-2017, 07:22 AM
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A previous post of yours says that you were granted PR in 2013, not 2012. If that is the case are you able to go to Australia before the 5 years is up to live? It is only the travel facility that expires, so you wouldn't need a RRV until you are leaving Australia and usually it is easier to get a RRV when you are already in Australia.


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Old 11-16-2017, 01:57 AM
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Quote:
Originally Posted by Mish View Post
A previous post of yours says that you were granted PR in 2013, not 2012. If that is the case are you able to go to Australia before the 5 years is up to live? It is only the travel facility that expires, so you wouldn't need a RRV until you are leaving Australia and usually it is easier to get a RRV when you are already in Australia.
Hi Mish, yes my PR was granted in early January 2013 not 2012 but I won't be able to live in Australia because of work commitments.


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Old 11-19-2017, 10:30 PM
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Quote:
Originally Posted by JCMH View Post
Hi tijanaoc,

Thank you very much.

I sort of understand the requirements of getting the RRV 155 and 157.

Since I haven't lived in Australia for 2 years for the past 5 years, I won't be eligible to get the RRV 155. The only option I will have is RRV 157. I will probably consult a migration lawyer/agent in this regard.

My main concern is that my child is expected to be born early next year, if he/she were born in Australia but at the time I have not obtained my RRV, would he/she be eligible for a grant of citizenship?

I heard some say permanent residence status won't expire, only the travel facility will, I am a bit confused.

Thank you.
You are eligible to get a 155 if you demonstrate appropriate ties to Australia but the travel period will only be for a maximum of one year.

No - for citizenship purposes you must be a PR onshore or hold an in effect visa that allows you return as a PR (i.e. an in effect RRV) at the time of the child's birth.


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