# Renewal of Subclass 856 permanent residency visa



## Bexxy86 (Aug 24, 2009)

Hi 

Can anyone help with how I go about renewing my subclass 856 permanent resident visa? I am hoping to be back in Oz by November next year when it runs out but then does it become a problem if I want to work when it has expired? I don't quite understand how it all works? 

Bex


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## Veronika Hurbis (Jun 6, 2008)

Hi,

You are a permanent resident, so if you are in Australia when your visa lable expires you still remain a permanent resident, with full work rights. 

However, if you want to be able to travel in and out of Australia you must renew your visa label every 5 years until you obtain Australian citizenship. 

You will not be applying for a new 856 visa though, what you need to do now and every 5 years from this point on until you have decided to become an Australia citizen is to apply for a RRV (resident return visa). 

If you have not spent enough time in Australia in the last 5 years you may not be eligible for an RRV, in which case you cannot travel in and out of the country until you are eligible for and have been granted an RRV (there are some exceptions to this but I won't go into them here). 

If you have not spent enough time in Australia to be eligible for the RRV then don't complicate your life by letting your visa label expire before you return to Australia. If you let that happen then you may be at risk of losing your permanent residency! 

Here is some more information about the RRV and eligibility: 
Five Year Resident Return Visa (Subclass 155)

Hope that helps. 

Cheers,
Veronika



Bexxy86 said:


> Hi
> 
> Can anyone help with how I go about renewing my subclass 856 permanent resident visa? I am hoping to be back in Oz by November next year when it runs out but then does it become a problem if I want to work when it has expired? I don't quite understand how it all works?
> 
> Bex


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## pinpaddington (Feb 4, 2010)

*visa renewal*

Hi,
I have a PR with subclass 100 but I separated from my partner 2 years ago. The PR has been granted in 2006 but since then, I have worked in China for an Australian company 1 year and my total "physical" days as per today only add up as 490. Since March last year, I have been working in Asia but not for an Australian company. 

I have a few question:

- does the fact that I have separated from my partner influence my rights of living in Australia (RRV or citizenship)?

- could I "claim" the year working in China towards a RRV visa?

I am currently not in Australia and finding myself at a crossroad about whether to go back this year or not (visa expires next year), but don't want to loose my PR status.

Thanks ahead for all precious information!
Pinpaddington




SOMV said:


> Hi,
> 
> You are a permanent resident, so if you are in Australia when your visa lable expires you still remain a permanent resident, with full work rights.
> 
> ...


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## amaslam (Sep 25, 2008)

- does the fact that I have separated from my partner influence my rights of living in Australia (RRV or citizenship)? 
No, each person has their own PR.

- could I "claim" the year working in China towards a RRV visa?
No, only time resident in in Australia counts for the RRV.

Get back to AU before the 856 'latest' date and stay until you can secure another RRV. If you don't then you lose PR as you will be outside AU and will not be able to secure a new RRV because you have not spent enough time in AU. 



pinpaddington said:


> Hi,
> I have a PR with subclass 100 but I separated from my partner 2 years ago. The PR has been granted in 2006 but since then, I have worked in China for an Australian company 1 year and my total "physical" days as per today only add up as 490. Since March last year, I have been working in Asia but not for an Australian company.
> 
> I have a few question:
> ...


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## pinpaddington (Feb 4, 2010)

Thanks for your answer Amaslam. 

Regarding the time I spent in China, doesn't it fall under the following option as I was under contract with the headquarters in Australia and sent o/s and paying my taxes in Australia during the entire time?

If yes, what are the chances to have this considered? Anyone with experience on this matter?

2) If you are not able to meet the above residence requirement (2 years physical residency), you may still be eligible for the RRV if you can evidence substantial ties such as business, cultural, employment or personal ties with Australia.​

Business Ties​Examples of business ties:​a) Being involve with an Australian business or an overseas branch of an international business with business ties to Australia.​b) Being involved in an ongoing business activity which generates revenue for Australia.​c) Being involved in a business activity which transfers technology to or from Australia.​


amaslam said:


> - does the fact that I have separated from my partner influence my rights of living in Australia (RRV or citizenship)?
> No, each person has their own PR.
> 
> - could I "claim" the year working in China towards a RRV visa?
> ...


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## amaslam (Sep 25, 2008)

Was it a temp assignment from an AU company? Did they pay for things like relocation and will they pay for relocation back? 

Are you still with that company?

If yes, then I can think you can count the time, but better contact Immi to make sure it counts, otherwise you still risk being without a valid RRV later on.



pinpaddington said:


> Thanks for your answer Amaslam.
> 
> Regarding the time I spent in China, doesn't it fall under the following option as I was under contract with the headquarters in Australia and sent o/s and paying my taxes in Australia during the entire time?
> 
> ...


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## Severein (Dec 10, 2010)

I received my 856 perm. visa in 2009, it has until 2014 to run, am just wondering whether I would be able to renew it in my circumstances (obviously 4 years is a long time)
I now work in PNG on a 16 on/ 12 off roster. I work for a large international company which has ties in Australia, though I am hired from PNG.
I doubt I spend enough time onshore to qualify, but would I qualify through the company, or if I was actually hired from Australia?


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