Why would you need to renew permanent resident visa Australia?
Table of Contents
- Why would you need to renew permanent resident visa Australia?
- Resident Return Visa – your new permanent resident visa
- Should you apply for Citizenship instead renewing your permanent visa?
- What if I’ve been living in Australia many years without a visa, am I unlawful?
- Stuck at the airport without a visa when returning from a holiday?
- Former Resident Visa
Permanent residency visa is being granted for life. As long as you are in Australia usually there is nothing to be worried about even if your permanent visa would expire. It’s becoming problematic if you want to travel overseas after the expiry date of your permanent visa. They will let you go overseas, but coming back to Australia without current visa might pose a problem on an airport, therefore it is very important to make sure your visa has not expired if you intend to travel abroad. You may wonder why you need to renew your permanent resident visa at all. Well – Australian government giving you permanent residency wants to make sure that you will actually live in Australia and contribute to this wonderful country, therefore they invented so-called “travel facility”.Although your permanent visa let you live in Australia indefinitely it allows you traveling overseas and back for 5 years only. If you intend to travel overseas after your permanent visa would expire Resident Return Visa is the one you’d apply for to be allowed to get back to Australia at all.
Resident Return Visa – your new permanent resident visa
Resident Return Visa is the one people do apply for as a replacement for their permanent residency visa. It does not really matter what kind of permanent visa have you had before – partner, ENS, RSMS visa, skilled, parent… RRV is the one to apply for. The most important criterium for RRV visa is whether you have lived in Australia in the last 5 years period of time at all. Dependant on the duration of your residence in Australia, RRV could be granted for:
- 5 years, if you’ve been living in Australia as a permanent resident at least 2 years in 5 years period of time before a visa application
- 1 year, if you’ve been living in Australia as a permanent resident less than 2 years in 5 years period of time before visa application and you may prove personal ties to Australia (family, business, community, etc)
- 3 months, if you’ve been living in Australia as a permanent resident less than 2 years in 5 years period of time before visa application and you are not able to prove any personal ties to Australia (family, business, community, etc)
- If you haven’t been to Australia in last 5 years at all, I may have bad news for you as you might not be eligible for RRV visa at all. The other options may exist.
Give us a call, if you are not sure which option is best for you or how to get your visa sorted.
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Should you apply for Citizenship instead renewing your permanent visa?
After a couple of years living in Australia as a permanent resident people are becoming eligible for an Australian citizenship. It’s up to a person whether they will apply for citizenship or not. If your country of origin allows dual citizenship, you’re the winner – apply for a citizenship and you will not have to be worried about your visa anymore. With Australian citizenship, you may apply for an Australian passport and remove the need to maintain Australian permanent residency visa. If the country you came from does not allow dual citizenship – that’s a different story, you’ll have to make a decision whether you’d like to have an Australian passport and lose your original one or not.
What if I’ve been living in Australia many years without a visa, am I unlawful?
Migration law as we know it today has been gazetted in 1994. Going back in time it was a bit different, people were given residency permit, or a label into their passport when they left a ship in an Australian port. Quite often these passports and/or labels are no longer in their possession. No fear – there are the other ways to determine permanent residency status and ascertain eligibility for a resident return visa. Another issue I can see – their passport may have expired a long time ago and they would have to renew their passport first to consider an RRV. Obtaining a citizenship and Australian passport might be another option, but again – is their country allowing dual citizenship? We love listening to the stories people who arrived in Australia many years ago have to tell. Please give us a call and we’ll check what’s the best option for you.
Stuck at the airport without a visa when returning from a holiday?
Ohhhh, don’t be stressed you’re not the first one, it’s quite a common scenario when permanent residents are coming back from holiday and they are not allowed to leave an airport because their permanent visa had expired. Customs officers are not your enemies – they just do their job – be nice and they’ll help you get the things sorted. They may allow you to apply for an “entry permit” (BVE usually) which will allow you to leave an airport, but you’ll have to get your visa sorted in next couple of days otherwise you may become an unlawful non-citizen and get into real trouble. Give us a call if you don’t know what to do and we’ll get things sorted for you.
Former Resident Visa
It’s a special migration visa. Only people who have spent at least 9 years before turning 18 in Australia as a permanent resident and are younger than 45 could apply for this visa. Apart from age and residency criteria department is checking if a person has got any close business, cultural or personal ties with Australia. There are very limited circumstances where this visa could be granted, but – who knows, maybe you are eligible?
If you need to renew your permanent visa – no matter what’s your situation, give us a call or contact us and we’ll advise the best option for you.
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