I recently received my resident permit and live near Canberra. I know I need to spend a few years here as part of my visa, but I also don’t want to fully abandon my country of origin. How can I maintain my residency in Australia? What kind of ties to Australia do I need to prove?
You can apply for an RRV visa once your PR is exhausted. If you stay for two years out of the last five years you will get auto renewal for five years. If you are living in Australia, you need to have cultural and financial ties with Australia in order to satisfy the RRV visa.
There are three main ways to apply for another resident visa, called a resident return visa (155). A cumulative stay of two years during the previous five years as a permanent resident, part of the family unit of a person who has a permanent visa (e.g., a spouse obtains an RRV, then you can apply based upon the relationship with your spouse), or demonstrating substantial ties that are of benefit to Australia. Substantial ties can include personal (e.g., family connections, a base in Australia), employment (e.g., working for an Australian company overseas, employment roles that benefit Australia, such as importing Australian products), cultural (e.g., developing connections with overseas communities and Australia) and business (e.g., owning and managing a business operating in Australia). The ties must be assessed as being substantial and of benefit to Australia. There are guidelines under policy with examples of what may be considered. It is best to discuss this with a registered migration agent for further guidance for your situation and how you might plan to meet this in the future.
If you have recently received your permanent residency, chances are that you have a five-year visa. The important principle is that permanent residence is a status. You are always a permanent resident. Whether or not this impacts your first citizenship depends on the laws of that country's citizenship. You should check with a local citizenship lawyer. However, your travel facility or the ability to enter Australia during this period depends on the validity of your visa. For Australia to grant you a further visa for travel facility there are the following to consider. First-time renew PR immigration looks at whether they want to give you one, three or five years travel facility based on how close your ties are to Australia. The less ties, the less time time on next visa. Second, if on a short visa and long time no return after expiry immigration looks at whether you have close ties. Close ties to Australia are anything that you can prove. This is case by case. However, consider: your personal life; your work/business; other Australian permanent residents or citizens you share your life with.
In order to qualify for a resident return 155 visa, you need to demonstrate ties to Australia in the following categories: cultural, personal, business, employment. Your permanent residency does not end. It in fact allows you stay in Australia indefinitely. However, you only have travel facility for five years. After this time if you leave the country you may have trouble returning without a RRV 155. Applicants who can meet the residency requirement are granted a further five-year visa permitting them to travel outside and return to Australia. The residency requirement is to have lived in Australia for at least two years in the last five. Business ties can include actively trading in Australia (you would need to show evidence of this) as well as evidence of regular visits to or contact with the business or its interests in Australia, evidence that you are seeking to further enhance your skills and experience in the global market which would benefit Australia. Personal ties include close family residing in Australia or intention to reside, which can be demonstrated by school enrollments, property ownership, spousal employment. Employment ties can be demonstrated by tax documents, a letter of offer, employment contract and similar documents. Cultural ties to Australia can be demonstrated by membership of cultural associations, newspaper articles about your involvement, a performance program where you have been a performer. It is not necessary to show ties in all categories. The longer you are absent from Australia the harder it is to demonstrate close ties. It is not impossible to obtain an RRV in these circumstances, but you may need the assistance of a professional.
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