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| Retaining Australian Residency from the USA; Here in Australia now, love it, have to go home for awhile, want to come back. | |
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| Topic Started: Apr 2 2010, 08:45:52 PM (669 Views) | |
| 4KiwiYanks | Apr 2 2010, 08:45:52 PM Post #1 |
Anklebiter
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My family and I moved to Australia in November 2009 and it was a rough start, but after settling and being here for a bit, we've completely fallen in love with it. We would love to stay permanently! However, due to unforeseen circumstances, we have to go back to the US for awhile...could be 2-3 years. Our residency visa is indefinite, our return visa is good for 5 years. However, we are just wondering, does anyone knows if a visa stays valid if you are not on Australian soil? I"m sure this will have to be a question for immigration, but was wondering if anyone has gone thru this? |
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| blarg | Apr 2 2010, 11:57:38 PM Post #2 |
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True Blue Mate
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I haven't been through it, but your visa should remain valid while you're in the US. The main issue will be if you try to get a return resident visa without having been here for a while first. You'd only need the return resident after 5 years (in most cases). Do call immigration anyway, but as far as I'm aware this is what they'll tell you. |
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| canaussie | Apr 3 2010, 10:09:20 AM Post #3 |
True Blue Mate
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I'm assuming you're talking about Permanent Residency? I was granted permanent residency and left the country about 6 months later to move home (Canada), we stayed home for 7 years, so obviously my permanent resident visa expired at the 5 yr mark. I applied for a return resident visa, having to prove that I still had ties to the country ie married to an Aussie, daughter was an Aussie and my husband's family here. They granted me the return resident visa which was valid for another 5yrs. You could look up what the requirements are to get the RRV. |
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Paula (dual Canadian/Australian) married to an Aussie since 1999 and mummy to an Aussie since 2000 | |
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| TerritorianTori | Apr 3 2010, 11:33:29 AM Post #4 |
Dance to disco
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As long as the travel component of your visa is still valid, you should be good. The real problems come when you try to stay out of the country for more than 5 years. Then you'll need to apply for a resident return visa and demonstrate that you qualify. Best of luck with it all. |
 South Texas to the Northern Territory - since 2004 I'm a huge fan of... Angry Video Game Nerd | The Big Bang Theory | Doctor Who | Pet Shop Boys | Yanks Down Under ~ Americans living in Australia Avatar by Sketch Shop Boys | |
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| sheowahya | Apr 3 2010, 01:13:23 PM Post #5 |
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True Blue Mate
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With the thought of someone doing a future search on this topic, I feel it necessary to also mention what being outside of Australia does to your citizenship timeline. Time spent outside of Australia does NOT count toward residency for citizenship. As your residency only started in 2009, this is not an issue, however, if someone were very close to the end of their residency requirement, I would suggest doing everything possible to satisfy the residency requirements and make application for citizenship. Hoping your situation is settled sooner than you expect and that an RRV will not be needed. Cheers, Marilyn |
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My Timeline ======= Category 136 BN - Skilled Independent. Skills Assessment: Applied ICAA: 13May05 Addtional Classes Required: 08Aug05 Re-submitted PASA: 05Feb07 Approved as Accountant 2211-11: 26Feb07 Main Visa Application: Sent to ASPC: 12Mar07 Application received: 16Mar07 Acknowledgement received: 10May07 Credit Card Charged: 10May07 CO assigned: TBD Medicals sent UNrequested: 26Jul07 PPC sent UNrequested: 18Jul07 VISA Approved: 07Nov07 Main move to Australia: 17Apr08 | |
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| canaussie | Apr 3 2010, 05:54:09 PM Post #6 |
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True Blue Mate
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Just wanting to add that I went to OZ on a perspective spouse visa, when married I changed over to the temporary resident visa, spent 2yrs on that and switched to permanent resident visa. As I mentioned I got the PR in 2002 (May), left the country in October 2002, the PR visa expired in 2007, at no time in that 5 years did I live in OZ, which made me quite nervous when applying for the RRV, I didn't think I would meet the requirements needed to renew. I applied for the RRV, providing the information of my personal ties to the country and they granted me the RRV. Again, I was not living in the country, I was still in Canada. In April 2008 I wrote the Australian Citizenship test. In December 2008 I applied for citizenship. March 2009 they approved me for citizenship and in June 2009 I became an Aussie. I wasn't living in the country at the time. So I tend to think that it may go on an individual basis and your circumstances because I didn't live there for 7yrs and they allowed me to become a citizen. This may not happen for everybody, but that is my story. |
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Paula (dual Canadian/Australian) married to an Aussie since 1999 and mummy to an Aussie since 2000 | |
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| 4KiwiYanks | Apr 4 2010, 10:46:09 PM Post #7 |
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Anklebiter
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Wow....thanks everyone. This gives me some hope. If we can figure things out and be able to come back before our RRV expires that'd be awesome. I will definitely follow this up with a call to immigration, but I now have some hope! It's too awesome here to turn and leave for good after waiting for so long to get here! Fingers crossed, wish us luck!!!! =) |
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