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OTHER

Close family Visas:

  • Contributory Parent for those with the balance of their family already in Australia. (Being repealed 1 July 2017 and being replaced with a temporary 5 year renewable visa which does not have a balance of family test.)
  • Dependent Children & Orphan Child

Business Migration Visas:

  • Significant Investor Visa ($A5,000,000) with relaxed continuing residence requirements
  • State Sponsored Business Start up or Investor Set Up Visa with thresholds in business history and business plans to meet; but with relaxed age and language requirements.

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 reasonable 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 for coming back into Australia if you leave. In fact the permanent visa grant label may say the permanent visa is held for 5 years. It is held for 5 years with the multiple travel permission. If you are in Australia at the end of 5 years you have permission to stay indefinitely, 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 VISAS: 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 automatically obtain a 5 year Resident Return Visa.

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 1 year Resident Return Visa.

If you haven’t maintained sufficient ties to Australia in the last 5 years but you have had compelling and compassionate circumstances for leaving to go overseas, you may be able to obtain a 3 month Resident Return Visa. This can involve very extensive submissions.

If you left Australia without the Resident Return Visa, after the expiry of the initial 5 years multiple travel permission, and you have not been successful in obtaining a Resident Return Visa, then a fresh migration application may need to be then lodged, 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.  (Australian Citizenship secures your tenure completely.)

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 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 in 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

I can advise and assist with transition to Australian citizenship. It is a welcoming experience, and not adversarial.

Progression to Citizenship is a matter of choice. As part of the final advice on any grant of a permanent residence visa I provide a strategy for consideration of this choice when the further residence test is met.

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Initial phone consultation: +61 2 9613 8326

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