Do you provide advice on permanent residency? I currently hold Resident Return visa subclass 155. Travel facility

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Customer: Hello, do you provide advice on permanent residency?
JA: What steps have been taken? Has any paperwork been filed with the government?
Customer: I currently hold Resident Return visa subclass 155. Travel facility expires 22 Aug 20, so I am intending to permanently repatriate back to Australia in July. What are my options towards getting the citizenship?
JA: The Immigration Lawyer will be able to walk you through that. Have you talked to a lawyer about the visa?
Customer: Not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I would like to know the path towards citizenship. Once I am in Australia, I understand I will have to meet a residency requirement of at least 2 years?
Answered by Leon in 8 hours 2 years ago
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Leon
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Leon, Expert

Hi, I am Leon, a NSW Solicitor. I am now reviewing your question and will reply again in a moment.

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Leon, Expert

What was your original visa?

How long have you been in australia?

Customer
Hello! Giving you a full story now: I lived in Australia for about 5 years and got an Australian permanent residency after I have moved to UAE- Independent (subclass 189) visa. I have lived in UAE during the entire time of my permanent residency, my 5-years 'travel facility' was about to expire last year in November (if I didn't apply for a Resident Return 155 visa, I would have lost the PR because I would be unable to relocate back to Australia last year). I am about to move back to Sydney in order not to lose my residency- the travel facility on my current RR 155 Visa expires 22 Aug this year, so I have to relocate before then. My assumptions, which I need to clarify: Once in a country, I am unable to go overseas and return to Australia as my travel facility has been expired. So I assume I have to reside there without any overseas travel whatsover for at least 2 years and then apply for 5 years Resident Return visa (after completing 2 years in country residency rule). If granted, I would again gain travel facility. After another 2 years spent living in Australia on that 5 years resident return visa (=4 years residing in country in total), I would be eligible to apply for citizenship. I just want to ensure that this is what awaits me or if I'm missing something etc. Please see attached the both PR granted letters.Thank you in advance! Kind regards,
Eva
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Leon, Expert

So you have never lived in australia with your PR?

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Leon, Expert

Are you able to return by August 2020?

Customer
I have resigned from my company now, serving a notice period and intend to move back to Sydney by the end of July.
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Leon, Expert

If you are back by August 2020 you are ok

You have the visa that permits you to return

The fact the PR expired is irrelevant the return visa is enough

On your return you can stay and if you want to go away again you apply for a new 155

Bit you can stay

To get citizenship you must meet the requirements

Before you can apply you have to meet the following

Meet the general residence requirement

At the time you apply you must have been:

  • living in Australia on a valid visa for the past 4 years
  • a permanent resident or eligible New Zealand citizen for the past 12 months
  • away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months

https://immi.homeaffairs.gov.au/citizenship/become-a-citizen/permanent-resident#Eligibility

so a total of 4 years and the last 12 months of that here before you apply

You will have to wait to meet the 4 years.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

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Regards
Leon

Customer
Thank you very much, that is exactly what I wanted you to advise me on. Kind regards,
Eva
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Leon, Expert

All the best

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