# Resident Return Visa contidions



## mmoore (Dec 6, 2011)

Hello all,

I will be very thankful for any advice I can get regarding Resident Return Visa questions below. I was unable to find definitive answers just by searching.

My situation:
-	I was granted onshore RRV in March 2007, but did not spend any time in Australia since then, due to work and family commitments abroad.
-	I am planning to return to Australia in February 2012, just before my RRV expires, and settle there permanently.
-	I am intending to apply for a new 5-year RRV onshore, once I enter the country. However, it is possible that it will be declined as I did not stay in Australia for 2 out of last 5 years and my reasons may not be seen as compassionate and compelling enough.

Questions:
1.	If my 5-year onshore RRV application is declined - will this affect my permanent residency status providing I remain inside the country? Can I still legally live and work in Australia, even though I won’t hold a valid RRV? Also - will I be eligible for Medicare?
2.	If my 5-year RRV application is declined - can I simply stay in Australia for next 2 consecutive years and thereby be eligible for another 5-year RRV again after that period?
3.	If my 5-year RRV application is declined, I stay in Australia for 2 years and get another RRV – will these 2 years count towards my citizenship eligibility?
4.	Citizenship rules state that applicant has to be in Australia “4 years immediately before applying”, and not being “absent from Australia for more than one year in total”. Does this mean that I can apply for citizenship after 3 years of continuous stay in Australia (providing my residency started more than 4 years ago)?

Thanks for reading and any help is greatly appreciated!

Martin


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## Offshore Migration (Dec 6, 2011)

You should seek the advice and services of a Migration Agent as a RRV is designed to help you normalize your visa status. You need to provide much more details as to your circumstances such as your ongoing commitement and connection to Australia. 

The Resident Return (subclass 155) visa is a permanent visa for current or former Australian permanent residents. This visa will allow you to maintain or regain your status as an Australian permanent resident on your return to Australia.

It is normally only given to those who held a permanent visa, have substantial ongoing ties to Australia or was previously a citizen of Australia. I

It is one of those things that are designed to encourage you to become a Citizen and to ensure you are not misusing and abusing your visa entitlement.

As each individual case is different it would not be appropriate or ethical to provide advice on this forum. 


.


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## mmoore (Dec 6, 2011)

Offshore Migration said:


> You should seek the advice and services of a Migration Agent as a RRV is designed to help you normalize your visa status. You need to provide much more details as to your circumstances such as your ongoing commitement and connection to Australia.
> 
> The Resident Return (subclass 155) visa is a permanent visa for current or former Australian permanent residents. This visa will allow you to maintain or regain your status as an Australian permanent resident on your return to Australia.
> 
> ...


Thank you for your reply, I appreciate it. However, it was very general. I believe my questions are not specific to my case, but rather to any person with expiring RRV. I will rephrase them and would really appreciate if anyone can clarify:

1. Can a permanent resident who's RRV expired while he/she is in Australia, and is not eligible for a new RRV, legally continue to live and work in Australia? Is the PR status affected in any way by not having a valid RRV?
2. Is such person eligible for Medicare?
3. Can such person simply stay in Australia for next 2 consecutive years and thereby be eligible for 5-year RRV again after that period?
4. Do these 2 years count towards citizenship eligibility?
5. Citizenship rules state that applicant has to be in Australia "4 years immediately before applying", and not being "absent from Australia for more than one year in total". Does this mean that one can apply for citizenship after 3 years of continuous stay in Australia (providing the lawful residency started 4+ years ago)?

Thank you.


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## Offshore Migration (Dec 6, 2011)

The resident return visa is only required if you are intending to leave Australia and need a valid return visa. If you are a permanent resident you have the all the entitlements that come with that. Again much depends on your personal circumstances as there are exceptions. You should either contact DIAC or seek advice from a Migration Agent. Sorry it is difficult to provide any more information as you have not provided enough information as to your personal circumstances and why you had left Australia and what if any connections you still have in Australia. You say your not entitled to apply for another RRV. You would need to explain why and provide copies of any correspondence. Has your visa been cancelled? Have you been refused a visa? If so what were the circumstances surrounding the refusal? There are circumstances that may exist where you can apply for citizenship now. Assuming you have held Permanent Residence for a period of time. All these reasons and variations is why you should contact a Migration Agent or the Department. You may also try contacting your local member of parliament.


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## mmoore (Dec 6, 2011)

Offshore Migration said:


> The resident return visa is only required if you are intending to leave Australia and need a valid return visa. If you are a permanent resident you have the all the entitlements that come with that. Again much depends on your personal circumstances as there are exceptions. You should either contact DIAC or seek advice from a Migration Agent. Sorry it is difficult to provide any more information as you have not provided enough information as to your personal circumstances and why you had left Australia and what if any connections you still have in Australia. You say your not entitled to apply for another RRV. You would need to explain why and provide copies of any correspondence. Has your visa been cancelled? Have you been refused a visa? If so what were the circumstances surrounding the refusal? There are circumstances that may exist where you can apply for citizenship now. Assuming you have held Permanent Residence for a period of time. All these reasons and variations is why you should contact a Migration Agent or the Department. You may also try contacting your local member of parliament.


Thank you for your reply. You are right, I should have provided some more details relevant to my case.

My visa has never been cancelled or refused. I still hold valid RRV, and I am planning to move to Australia and settle there before it expires. Before I do so though, I want to make sure I will be there legally, able to work and eligible for healthcare. My RRV is close to expiry and I will not meet the 2 out of 5 year criteria. I do not have any other ties to Australia, nor I see any other compassionate reasons to be granted another RRV. That is only my personal opinion. The reason I never lived in Australia is that I met and married a woman overseas (we would like to relocate to Australia together).

Relocating requires a lot of energy, time and money. That's why I'd like to be clear on this before I proceed. And I will contact a lawyer as well, this is only preliminary research. I would like to contact the DIAC as well, but it looks like they only have phone contact for people inside Australia. People outside are advised to call relevant embassy, which I tried once, but they were not very friendly and keen on helping...

I'll ask again  - providing there is no problem with my visa (cancelled, expired, refused), and I never had problem with police or immigration authorities etc. - will I be able to legally live/work in Australia after my RRV expires, as long as I move there before it expires?

Thank you!


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## Offshore Migration (Dec 6, 2011)

mmoore said:


> Thank you for your reply. You are right, I should have provided some more details relevant to my case.
> 
> My visa has never been cancelled or refused. I still hold valid RRV, Thank you!


Based on the above information it looks as if you hold a valid RRV which entitles you to resume and continue with your PR visa. yes you should be able to work and live in Australia. You only need to reapply for a RRV is you intend to leave Australia. Without knowing in more detail your exact circumstances I can not see an issue. As a holder of a permanent residency visa you are entitled to apply to sponsor your partner.

If you wish contact me offline.


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## abc123 (Nov 25, 2011)

*Rrv*

Hi,

I've applied for Aus PR (partner category) and my sponsor is an aus citizen.

Kindly advice on following:

If we stay out of aus for more than 5-7 yrs n thn decide to come back, will i be eligible for resident return visa? 
For how long will i be issued RRV?


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