Can one lose an 801 visa if they live in another country?

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Can one lose an 801 visa if they live in another country?


Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 02-10-2021, 06:18 AM
Active Member
 
Join Date: Jun 2020
Posts: 39
Users Flag! From thailand

4 likes received
6 likes given
Question Can one lose an 801 visa if they live in another country?

My partner is going to apply for her 801 later this year. If all goes to plan she will hopefully get her PR before years end.

However I am hoping to relocate us to America in 2-3 years time and stay there for an indefinite amount of time so what will happen to her 801 visa?

So if I'm understanding the conditions of the Resident Return Visa correctly, if she lives overseas and DOESN'T spend 2 years (730 days) in the last 5 years living in Australia then she may not be able to return at all?


Last edited by TomAndJerry; 02-10-2021 at 06:24 AM.

Reply With Quote
  #2 (permalink)  
Old 02-10-2021, 06:47 AM
Senior Member
 
Join Date: Dec 2020
Posts: 59
Please update your flag here .

14 likes received
7 likes given
Quote:
Originally Posted by TomAndJerry View Post
My partner is going to apply for her 801 later this year. If all goes to plan she will hopefully get her PR before years end.

However I am hoping to relocate us to America in 2-3 years time and stay there for an indefinite amount of time so what will happen to her 801 visa?

So if I'm understanding the conditions of the Resident Return Visa correctly, if she lives overseas and DOESN'T spend 2 years (730 days) in the last 5 years living in Australia then she may not be able to return at all?
Your wife's 801 visa will be granted regardless of where you are at the time of grant as long as your relationship is continuous.

Once she has been granted the 801, the visa itself does have a 5-year validity for her to come and go freely but her permanent residency status is forever. So, even if she couldn't fulfil the requirements for the RRV, as long as she could provide evidence of substantial ties with Australia such as ownership of property, facility bills, bank accounts, involvements in social activities, etc. she will still be granted a 3-month up to a year of RRV by a Case Officer manually reviewing her evidence instead of an automated instant grant of 5-year RRV. She can then come back to Australia on that visa and fulfil her 2-year requirement for the next 5-year RRV application.


Reply With Quote
  #3 (permalink)  
Old 02-10-2021, 09:23 AM
Active Member
 
Join Date: Jun 2020
Posts: 39
Users Flag! From thailand

4 likes received
6 likes given
Thank you for the helpful answer.

So if she left for 5 years and DIDN'T have any ties to Australia, she might not be able to come back in even though she has permanent residency status?


Reply With Quote
Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 02-10-2021, 09:25 AM
Senior Member
 
Join Date: Apr 2017
Posts: 834
Users Flag! From uk

184 likes received
70 likes given
Quote:
Originally Posted by TomAndJerry View Post
Thank you for the helpful answer.

So if she left for 5 years and DIDN'T have any ties to Australia, she might not be able to come back in even though she has permanent residency status?
Once the visa expires she doesnít have permanent residence status anymore. Thatís the point.

If sheís still married to you, thatís a pretty good start on substantial ties.

__________________
Paul Hand
Registered Migration Agent 1801974

SunCoast Migration Ltd

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.

Reply With Quote
  #5 (permalink)  
Old 02-10-2021, 09:31 AM
Active Member
 
Join Date: Jun 2020
Posts: 39
Users Flag! From thailand

4 likes received
6 likes given
It's just unintuitive that permanent residency has an expiration date.


Reply With Quote
  #6 (permalink)  
Old 02-10-2021, 09:42 AM
Senior Member
 
Join Date: Apr 2017
Posts: 834
Users Flag! From uk

184 likes received
70 likes given
Quote:
Originally Posted by TomAndJerry View Post
It's just unintuitive that permanent residency has an expiration date.
Yes ... many people misunderstand this concept.

An Australian Permanent Resident is defined as the holder of a permanent visa. The visa stays in effect permanently, or can be easily extended, if the holder is actually physically resident in Australia.

It expires, and becomes less easy to extend, if they spend extended periods of time outside Australia.

__________________
Paul Hand
Registered Migration Agent 1801974

SunCoast Migration Ltd

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.

Reply With Quote
  #7 (permalink)  
Old 02-10-2021, 10:54 AM
Senior Member
 
Join Date: Dec 2020
Posts: 59
Please update your flag here .

14 likes received
7 likes given
Quote:
Originally Posted by paulhand View Post
Yes ... many people misunderstand this concept.

An Australian Permanent Resident is defined as the holder of a permanent visa. The visa stays in effect permanently, or can be easily extended, if the holder is actually physically resident in Australia.

It expires, and becomes less easy to extend, if they spend extended periods of time outside Australia.
I've always thought PR "status" and PR "visa" are two different concepts, and a PR status can be revoked or relinquished but can't expire.

The "status" allows one to live in Australia permanently and indefinitely from the time of grant, and the "visa" is just a travel facility which allows one to enter Australia on a foreign passport within a defined period of time. It is only this travel facility that expires but not the "status".

That was my previous perception of a PR. But since you mentioned that "a PR is defined as the holder of a permanent visa", that actually got my head around it and made me realising that this piece of PR visa grant letter is a representation of your indefinite PR status (as long as inside Australia) but with a definite 5-year travel facility attached (must not arrive after dd/mm/yy).

So if you happened to be outside of Australia while your permanent visa expired, you are risking yourself of losing the visa/status, and if failed to apply for a RRV, the permanent visa will automatically cease once another visa type is granted (eg. tourist visa).

Thanks for the clarification! I guess the question now comes down to Can you apply for a RRV while your permanent visa is expired? If not, can you keep on reapplying the RRV without returning to Australia?


Reply With Quote
  #8 (permalink)  
Old 02-10-2021, 11:20 AM
Senior Member
 
Join Date: Apr 2017
Posts: 834
Users Flag! From uk

184 likes received
70 likes given
Quote:
Originally Posted by Scorpion9900 View Post

So if you happened to be outside of Australia while your permanent visa expired, you are risking yourself of losing the visa/status, and if failed to apply for a RRV, the permanent visa will automatically cease once another visa type is granted (eg. tourist visa).

Thanks for the clarification! I guess the question now comes down to Can you apply for a RRV while your permanent visa is expired? If not, can you keep on reapplying the RRV without returning to Australia?
The permanent visa ceases if you are outside Australia after the "must not arrive after" date (the expiry date).

Yes you can apply for an RRV as a former permanent resident. You need to maintain substantial ties to Australia to remain eligible.

__________________
Paul Hand
Registered Migration Agent 1801974

SunCoast Migration Ltd

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.

Reply With Quote
  #9 (permalink)  
Old 02-10-2021, 02:05 PM
Senior Member
 
Join Date: Dec 2020
Posts: 59
Please update your flag here .

14 likes received
7 likes given
Quote:
Originally Posted by paulhand View Post
The permanent visa ceases if you are outside Australia after the "must not arrive after" date (the expiry date).

Yes you can apply for an RRV as a former permanent resident. You need to maintain substantial ties to Australia to remain eligible.
I see, thanks a lot for confirming on that!


Reply With Quote
  #10 (permalink)  
Old 02-10-2021, 11:25 PM
Active Member
 
Join Date: Jun 2020
Posts: 39
Users Flag! From thailand

4 likes received
6 likes given
Quote:
Originally Posted by paulhand View Post
You need to maintain substantial ties to Australia to remain eligible.
So if one is wealthy enough they simply buy an investment property which automatically gives them substantial ties to Australia?


Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 10:45 AM.




Powered by vBulletin®
Copyright ©2000 - 2021, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2021 DragonByte Technologies Ltd.
AustraliaForum.com