Newsletter
The following provides a very brief overview of the Australian Permanent Resident Visa and Australian Citizenship requirements. It is not intended to cover every aspect but rather to provide a quick snapshot of the provisions in most cases. For further details, please contact one of the registered agents at Southern Cross Alliance.
May 2008 Budget News - Record skilled migration program to boost economy
http://www.minister.immi.gov.au/media/media-releases/2008/ce01-buget-08.htm
Some Important Government Fact Sheets**:
Migrating to Australia
* Migration Program Planning Levels
Skilled Stream
* Overview of Skilled Migration
* State/Territory Specific Migration
Family Stream
* Overview of Family Migration
* Family Stream Migration - Partners
* Family Stream Migration - Parents
* Family Stream Migration - Other Family
* Family Stream Migration - Child
* Family Stream Migration - Contributory parent category visas
Special eligibility
* Special Eligibility Stream
Temporary stay in Australia
* Visas - Questions and Answers
Temporary residence
* Temporary Entry - An Overview
* Temporary Residence in Australia
* Working Holiday Maker Program
* Work and Holiday Program
* Overseas Students in Australia
* Occupational Trainee Visa Program
* The Character Requirement
* Australian Citizenship
* Eligibility for Settlement Services
** PLEASE NOTE: Australia's Immigration Law and Policy is subject to constant change. It is essential that you check the latest available information, even from one day to the next.
Resident Return Visa
Australia grants a Permanent Resident visa valid for 5 years multiple entry subject to the condition that the holder make a first entry to Australia within 12 months of the date of the medical or police report, whichever is the earlier. If there is a medical problem and you have signed the Form 815 Health Undertaking, then this first entry date is set 6 months from the date of the medical assessment decision.
It is only necessary to enter and stay in Australia for one day to activate the Permanent Resident (PR) Visa, which then remains valid for the balance of the 5 years from the date of issue. You only become a Permanent Resident when you make this first entry within the time specified as the holder of a Permanent Resident visa. This allows the holder to live in Australia for the rest of their life as a permanent resident.
Those granted a Permanent Resident Visa on-shore are not required to make a first entry. This visa is valid from the date it is granted.
The multiple entry provision valid for 5 years is a travel facility to enable the holder to depart and enter Australia at will over the validity of the visa, without the need to apply for a visa each time. There is no minimum number of days required to stay in Australia each year, as such.
However, when the 5 year visa expires, it is necessary to have lived in Australia for a total period of 2 years counted over a 5 year period before the date of application for the new Resident Return Visa, which will also be valid for 5 years multiple entry. There are certain exceptions to this 2 year period of physical residence in Australia as a Permanent Resident, if you have evidence of having settled in Australia and have maintained close personal, family, business or employment ties to Australia.
For the first entry, the main applicant can either enter Australia with their spouse and dependants all at the same time or the main applicant can enter first, with the family to follow later. However, each member of the family MUST enter Australia within the date specified on the visa for the first entry date. The accompanying spouse and dependants may not enter for the first landing before the main applicant. Once each member of the family has correctly made a first landing, there is no other restriction on subsequent entries as individuals within the validity of each visa.
Australian Citizenship
Please check the latest official information at: www.citizenship.gov.auThe current requirements for Australian citizenship include:
- four years lawful residence in Australia immediately prior to making an application for Australian citizenship with at least 12 months as a permanent resident, and
- absences from Australia must be no more than 12 months in total in the four years prior to application, and no more than three months in the 12 month permanent residency period prior to application, and
- pass the Australian Citizenship Test.
Under changes in 2002 to the Citizenship Act, Australian Citizens do not lose their Australian Citizenship if they are subsequently granted the Citizenship of another country. It is always recommended that you check carefully before applying for Australian Citizenship to ensure that your will not lose any other Citizenship you now hold.
Australian Passport
You can apply for an Australian passport immediately after you are granted Australian Citizenship. There is no limit on the amount of time an Australian Citizen can remain outside Australia, as Citizens always retain an automatic right to enter Australia.