Needs serious advice: Return for PR

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Needs serious advice: Return for PR

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Old 02-03-2011, 01:20 PM
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Question Needs serious advice: Return for PR

Hi Guys
If someone could help me out with my situation, I would highly appreciate it.
I am Canadian citizen and my wife is Australian citizen. I moved to Australia in Feb 2005 and got my temporary residence on 22 Sep 2005. And then I got my permanent residency on 25 Sep 2007 and it says I cannot arrive after 25 Sep 2012
. Now my situation is since 3rd Feb 2008 I have been living overseas in Oman with my wife. As far as I know PR person has to stay for 2 years in Aus and then he can stay for 3 years overseas.
In my situation I have done some calculations from 25 sep 2007(day I got my pr) to 3feb 2008(day I last left Australia) I took two vacations and overall after I got pr I have only stayed in Australia for 13 months and that means I need to go back to Australia in this year Oct 2011 and stay there for another 11 to compete my 2 years so that I can complete my 2 years before 25 sep 2012.
Now if you can help me I would really appreciate it:
1) Do I actually need to go to Aus. this year (Oct 2011) before my deadline of 25 Sep 2012 to complete 2 years condition? Or can I go there any time before Sep 2012?
2) Would my time that I had spent under TR be counted towards this 2 year rule?
3) Actually I was thinking of staying in Oman –because of job but at the same time I do not want to lose my Australian pr please suggest.
4) If I don’t go before Sep 2012 what happens then, can I apply for resident return visa...I know I can but I guess it will be difficult because then I would have to show some compelling reasons etc. I don’t know if it would help but we own a house in Australia...and would it make a difference because my wife is Australian...Does that mean that even if loose pr now I can get it later? How difficult would that be...I am asking this because I know a person who stayed outside Canada for too long n then Canadians didn’t give him visa again...but it can be different.

5) N Guys if it is true that I can return to Aus right up to the expiry of my pr, what happens then? Somewhere I read that ppl can return right upto expiry of pr visa and legally stay in Aus indefinitely (not sure if it is correct) what happens in this situation? Indefinitely is all good but would I be stuck forever in Aus? And when would I be able to get pr again so that I can start travelling again?
Sorry guys I do not have any consulate or any immigration lawyer so I am bothering u guys
Anyways many thanks in advance

Last edited by spgrewal; 02-03-2011 at 05:22 PM.

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Old 02-03-2011, 03:50 PM
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Seems you hav had a read of Five Year Resident Return Visa (Subclass 155) and you can leave it right up until just before your PR visa expires to return to Australia.
If you do not meet the two in five year requirement, perhaps if you're considering Australia as a permanent home and are earning good money in Oman you may want to consider some holidays back and buying some real estate to establish personal ties and you could get lucky with a five year RRV.
If you do not come back and do not have compelling reasons why you have not decided to use your residency, it could be Use it or Lose it!

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Old 02-03-2011, 05:09 PM
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Unhappy thanks for replying

So Ok in simple words..I can return to Australia...right upto when my pr expires..which is 25 sep 2012 and I may or maynot complete 2 years in aus if I return back to Aus before pr expires..But that leads me to another question (if it right) If I return back just before visa expires...somewhere I read that I can stay in Aus legaly indefinately...but what happens then? would I be stuck in Aus forever and when would I be able to get pr again so that I can travel again...u c I love to travel.

P.S Yes, money n lifestyle is good...But I just lov Australian weather...remember I used to live in Canada.

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Old 02-04-2011, 12:07 AM
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The PR visa expires but your PR does not and so most people planning for long term residency will consider qualifying for citizenship, at some stage applying for it and on granting get an Australian passport, goodby visas forever.
In the interim, if you are back in Australia and past the five years from when your initial PR visa was issued and wanting/needing to travel you apply for an RRV.
Based on what your situation is they may issue a 5 year one or alternately a three months RRV allowing travel and return within the three months.

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