# Intention to reside permanently in Australia



## ppjagnaan (Apr 29, 2009)

Hello everyone

I am a holder of a PR Visa 175 which I got last October 2011... I have entered Australia last December 2011 to comply with the initial entry requirement and now I'm back in the Philippines. I could not settle yet in Australia as I have a commitment to work in a US company and now I'm waiting for my work visa. My concern is that, will the government of Australia question my intention to reside permanently in Australia as I still have to work in the US for 3 years? Is there any requirement that I should comply to establish my intention to permanently reside in Australia? 

Somebody told me that out of the 5 years that the visa allows me to enter and leave Australia, I should be INSIDE Australia for NOT LESS THAN 2 years and 6 months otherwise my intention to reside permanently will be questioned and chances are my visa might be cancelled. Is this true? I have not read such provisions in the visa conditions set forth in my grant letter, but the one who told me this was actually an officer in a government agency in the Philippines which gives orientation seminars to departing migrants. In the Philippines, before you leave to migrate, you are required to undergo a pre-departure orientation seminar, otherwise you will not be allowed to board your plane on the day of your departure. 

I don't intend to stay in the US and I don't even intend to apply for permanent residency there (the company I will be working for provides for PR sponsorship as well). For sure, I will be back in Australia after my US work visa expires. I'm just concerned that my Australian PR Visa might get cancelled due to residency requirements, if any.

Anybody's help will be greatly appreciated. Thank you.

Cheers,

ppjagnaan


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## twister292 (Mar 25, 2011)

As long as you satisfy the "enter by" date of your visa, it is "activated" for 5 years. As such, you will generally not be refused entry within the first 5 years.

However, if you intend to renew the PR visa in the future (with what is called an RRV- "Resident Return Visa"), you will have trouble if you havent lived in aus for 2 years out of 5, unless you can show commitment to australia, like having a place of residence here.

However, your visa will be cancelled if you do not meet the first entry date requirement.

Have a look here for more details.


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## ppjagnaan (Apr 29, 2009)

Thank you Twister292... but of course I am allowed to stay in Australia indefinitely even if the 5 years has already lapsed right? As long as I have entered Australia before the date of expiration.


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## twister292 (Mar 25, 2011)

ppjagnaan said:


> Thank you Twister292... but of course I am allowed to stay in Australia indefinitely even if the 5 years has already lapsed right? As long as I have entered Australia before the date of expiration.


As far as my understanding goes, yes that is the case. Your right of staying in australia is separate from the right to travel and/or re-enter...i


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## ppjagnaan (Apr 29, 2009)

thank you very much


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## kaz101 (Nov 29, 2007)

The issue occurs when you arrive in Australia just before the 'enter by date' and then later you need to travel outside the country. That's when you need the RRV. You are always allowed to leave but you may not be allowed back in.


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## ppjagnaan (Apr 29, 2009)

kaz101 said:


> The issue occurs when you arrive in Australia just before the 'enter by date' and then later you need to travel outside the country. That's when you need the RRV. You are always allowed to leave but you may not be allowed back in.


Even if I go back to australia within 5 five years? As I understand it, I would even be allowed to enter australia the day before the expiration date, but when I choose to leave after that without an RRV, I could not return to Australia anymore.


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## ppjagnaan (Apr 29, 2009)

The "enter by" date in my visa is April 8, 2012, and I have made my entry last Dec. 6, 2011. The expiry date is October 31, 2016. My understanding is I could enter and leave Aus before the expiry date, and I could even enter by Oct 30, 2016 and stay indefinitely. But should I need to leave Aus and wish to return, I need to get an RRV provided I have an accumulated stay of 2 years.


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## atsurti (May 20, 2011)

ppjagnaan said:


> The "enter by" date in my visa is April 8, 2012, and I have made my entry last Dec. 6, 2011. The expiry date is October 31, 2016. My understanding is I could enter and leave Aus before the expiry date, and I could even enter by Oct 30, 2016 and stay indefinitely. But should I need to leave Aus and wish to return, I need to get an RRV provided I have an accumulated stay of 2 years.


Correct.


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## kaz101 (Nov 29, 2007)

ppjagnaan said:


> The "enter by" date in my visa is April 8, 2012, and I have made my entry last Dec. 6, 2011. The expiry date is October 31, 2016. My understanding is I could enter and leave Aus before the expiry date, and I could even enter by Oct 30, 2016 and stay indefinitely. But should I need to leave Aus and wish to return, I need to get an RRV provided I have an accumulated stay of 2 years.


Yes that's what I was trying to say


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