Moving back to Australia

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Moving back to Australia


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  #1 (permalink)  
Old 06-23-2020, 01:42 AM
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Moving back to Australia

Hi guys,

I've got a bit of a dilemma. My husband (Aus and kiwi citizen) and I (originally from Finland) used to live in Australia. But after having our daughter we thought it'd be easier for us to be closer to his family, so we moved to NZ. After almost three years over here we've noticed we miss Melbourne terribly. We didn't end up being as close with his family we thought and not really getting any support raising our kids (we had another one last year). Family relationships was pretty much the only reason to leave Aus... + Everyone said you can't have kids without family support. We'll, surprise, surprise, you can! It's not easy but it's definitely doable. I've got NZ resident visa at the moment and I'll be able to apply permanent residency in six months. Back in 2017 I got granted Aus pr but I've lost it because we moved here.
I've been trying to figure out options to get my Aus pr back. Is there any? Can I get a visa through my daughter who was born in Melbourne or should I just wait that I get NZ citizenship in five years and then move back to Aus? I just feel I can't wait that long! Or can I just simply apply Aus pr again? I'm grateful for any thoughts or suggestions... You can also just tell me how silly I was to let my Aus pr go!!! Cheers guys


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Old 06-23-2020, 02:45 AM
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May I suggest that you consult one of the registered migration agents who posts on this forum for advice about your possible strategies?

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Old 06-23-2020, 06:07 AM
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Quote:
Originally Posted by Elina.K View Post
Back in 2017 I got granted Aus pr but I've lost it because we moved here.
Are you sure you lost it.

PR is permanent.

The travel facility expires 5 years after PR grant. You then apply for an RRV for further travel.

If you got PR in 2017, you should be OK for travel, without even getting an RRV.


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Old 06-23-2020, 06:48 AM
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"PR is permanent." Wrong. It can lapse if you're out of the country too long.


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Old 06-23-2020, 07:02 AM
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Quote:
Originally Posted by Riley View Post
"PR is permanent." Wrong. It can lapse if you're out of the country too long.
I always thought that Permanent meant Permanent.

The travel facility lapses after 5 years, unless an RRV is obtained.

I left Australia myself some years back, with PR, but without an RRV. I came back 4 years later. I got a new RRV.

If this poster had PR granted in 2017, I can't see how it could be lost.


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Old 06-23-2020, 07:06 AM
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If you are outside Australia when your ‘travel facility’ expires, or leave after it has expired, your visa expires and you are no longer a permanent resident. You can regain this status through the grant of an RRV, which is a new permanent visa.

If you remain in Australia your visa lasts indefinitely.

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All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation.

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Old 06-23-2020, 08:46 AM
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Quote:
Originally Posted by paulhand View Post
If you are outside Australia when your ‘travel facility’ expires, or leave after it has expired, your visa expires and you are no longer a permanent resident. You can regain this status through the grant of an RRV, which is a new permanent visa.

If you remain in Australia your visa lasts indefinitely.
I see, so I seem to lost my PR when I left, but coming back in on an ETA (or whatever it was at the time), not knowing about RRV's at the time, and then getting an RRV later, gave me my PR back. I've been thinking that the PR was not actually lost.


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Old 06-23-2020, 08:49 AM
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Originally Posted by JandE View Post
I see, so I seem to lost my PR when I left, but coming back in on an ETA (or whatever it was at the time), not knowing about RRV's at the time, and then getting an RRV later, gave me my PR back.
Correct ...

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All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation.

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Old 06-23-2020, 06:08 PM
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Hi everyone.
"Posting this Post on behalf of someone"
This lady who just came back from overseas(Pakistan) after 2 years which her husband didnt want her to come here but she came in Australia anyway and she holds Permanent residency which she got in 2016 along with her husband and from 2016 until 2020 she did only 3 visits and the longest visit was in 2018 which was for 4months only.Now from 2018 until 3 weeks ago her husband didn't contact her through any sort which made her broken so she came back to Australia for finding out that what's actually happening and after arriving here she went to her husband place which he Is renting but she been kicked out by her husband without any reason(she said from my husband behaviour it feels like he doesn't want relationship anymore) She is not living with her husband and she have a plan to stay here.
Now my questions are
1. How she can monitor her martial status?
2. What benefits she can have from her husband(they don't have any kids)
3. For separation do both have to fill any form or report immigration about not living together even though you both are in same city?
4. Any Possiblilty that her husband divorced her already which she doesn't know cause she was in overseas and wasnt get in contact with husband.
Kindly need expert advice on this.


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Old 06-23-2020, 08:55 PM
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Consult a family law solicitor.

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