permanent_residence_resident_return

Nature of permanent residence and the Resident Return Visa

With permanent residence grants you are entitled to remain in Australia indefinitely .... you never have to leave, unless the visa application was inaccurate or a major crime is committed and cancellation processes are commenced. A permanent resident is defined as a non-citizen (of Australia) who being usually resident in Australia, is the holder of a permanent visa. It has the notion of being usually resident. Judicial interpretation of “usually” resident or “ordinarily” resident is that a person must be habitually or normally resident here (in Australia), apart from temporary or occasional absences of short or long duration.

The process in practice is that a permanent residence grant (when you are here in Australia to start with on a temporary visa of some kind) or migration visa grant (you are overseas when applying) is first granted with multiple travel permission for 5 years allowing you to leave freely and return. This recognises the need to gradually move into Australia. The permanent visa granted is a permission to remain in Australia only, and impliedly, not necessarily to come back into Australia if you leave. In fact the permanent visa grant label may say the permanent visa is held for 5 years. Its held for 5 years with the multiple travel permission actually. If you are in Australia at the end of 5 years you have permission to stay forever, in fact.

The process of permanent residence goes further, after 5 years..... If you wanted to leave Australia there is the facility of the Resident Return Visa.

There are two kinds of RESIDENT RETURN VISA. A five year version (subclass 155) and a 3 month version (subclass 157).

If you have been in Australia for 2 years in the last 5 years (at the point when multiple travel permission expired) you will be able to obtain a 5year Resident Return Visa, or

If you have not been in Australia for a total of 2 years in the previous 5 years, and you have not been absent from Australia for a 5 year period and have maintained close cultural social and or economic ties to Australia, then you may be considered eligible for a further 5year Resident Return Visa, (this involves extensive submissions), or

If you haven’t and you have compelling and compassionate circumstances for leaving to go overseas, you may be able to obtain a 3 month Resident Return Visa, (this involves extensive submissions).

If you left Australia without the Resident Return Visa, after the expiry of the initial 5 years multiple travel permission, it is possible to apply at an Australian embassy for a Resident Return Visa, but this is not prudent. If not granted then a fresh migration application may need to be then lodged, only if you remain eligible, to return to Australia, under that new visa.

“Permanent Residence”, in this way, has a “use it or lose it” aspect to it.

While in Australia holding a permanent visa (this includes RRV’s) the same rights and entitlements , including Medicare and Centrelink, as a citizen, are enjoyed basically, with some other exceptions:

Unable to vote or run for public office
Unable to be appointed to certain public service positions
Certain military service obligations may not be place
Protection of an Australian passport when overseas, is not available
HECS and similar fee payment arrangements through the tax system are not available for tertiary education of permanent residents.

Citizenship

Progression to Citizenship is a matter of choice for permanent residents and no pressure is applied. Clearly it is a choice and it requires an application...it is not automatic. Citizenship can be conferred while you continue to hold citizenship of another country (dual citizenship). But some other countries stipulate that you forego their citizenship if you take another country’s citizenship, such as Australia. (Germany is one country that does this, as does Netherlands, Japan, Korea, China, India, among others.) It is a requirement for conferral of Australian citizenship to know of its values and speak English and this is done in a simple test. Residential requirements need to be met before an application for citizenship can be made. There needs to be at least 4 years residence in Australia under any visa, temporary or permanent , but at least 12 months of that must be as a permanent residence. Special rules apply to children born here when a parent is a permanent resident and there are other general situations.

When your Status is unclear.......

Hallmark Immigration can advise and assist with the processes in place to clarify your status in Australia, your visa conditions on your visa label, the contents if the Immigration VEVO system as regards your work rights and bridging visa aspects. Where you are unlawfully present in Australia, Hallmark Immigration can assist with obtaining a Bridging Visa E to quickly regularise your situation and provide advice on departure and any possible future applications for substantive visas. Hallmark Immigration can also advise on condition 8503 no further stay conditions and the limited waiver circumstances.

When you need assistance with Resident Return Visas .........

Hallmark Immigration can assist to mount a case in marginal situations and provide strategies to protect resident return visa entitlement when frequent travel is required. An "interim" subclass 159 may be granted while the case is prepared.

When you need assistance with Citizenship...........

Hallmark Immigration can provide advice and guidance on the welcoming process of the Australian government to intending citizens, where required.