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Permanent Residency

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byRon Kessels
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  1. What does Permanent Residence mean for me?
  2. Am I eligible for Permanent Residence through my employer?
  3. What are the employer sponsored pathways to Permanent Residence?
  4. Will my employer support my application?
  5. I now have Australian permanent residency – what next?
  6. What happens at the end of five years?
  7. What is a Resident Return Visa (RRV)?
  8. What is the requirement for the RRV?

What does Permanent Residence mean for me?

As an Australian permanent resident you:

  • can live and work in Australia indefinitely;
  • travel in and out of Australia for five years (after which you need a Resident Return visa)
  • sponsor certain family members
  • apply for Australian citizenship

Becoming a permanent resident or even applying for it could have a taxation implication so you should speak to your tax adviser before doing so.

A special call out to our New Zealand friends

New Zealand citizens who enter Australia do not have to apply for a visa before travelling. They are granted a Special Category Visa (subclass 444) (SCV) on arrival in Australia, subject to meeting certain health and character requirements. This is a temporary visa and not permanent residency and allows you to remain indefinitely in Australia as long as you continue to be a New Zealand citizen. While in Australia you can work and study without restriction. However, the SCV is a temporary visa and ceases once you leave Australia.

For more information on applying for Australian citizenship as a NZ citizen in Australia, see here.

Am I eligible for Permanent Residence through my employer?

This is a complex question and we will need to assess all of your circumstances to give you an accurate answer. Unfortunately, not everyone will have a pathway to PR through the business. Your first step is to speak to your employer and make sure they will support your application and then we can help you on your way to becoming a permanent resident!

What are the employer sponsored pathways to Permanent Residence?

For employer sponsored permanent residency, the eligibility requirements for the two streams:

  1. Temporary Residence Transition stream – You may apply for permanent residency if you have worked in Australia for at least 2 years full time while holding a subclass 457 or 482 visa, not counting any time where you were on unpaid leave
  2. Direct Entry stream – You may apply for permanent residency if you have the following:
    • have your occupation on the approved Government list for this stream
    • at least 3 years relevant work experience in your occupation
    • a positive skills assessment in your occupation, unless an exemption applies

Will my employer support my application?

This varies from business to business, but most employers chose not to pay for permanent residence applications as there are considerable cost implications for them including liability for Fringe Benefits Tax. You should contact your employer to discuss this directly with them.

Most will only agree to support your application if you use their immigration provider to make the application. This is because the application will involve their nomination and dealing with a lot of sensitive company information. It also helps them ensure the quality of the advice and assistance being provided.

I now have Australian permanent residency – what next?

When your Australian permanent residency is granted, you are permitted to remain in Australia permanently and unconditionally.

You may also, at some point, be able to apply for Australian citizenship, see more here.

You are also permitted to travel in and out of Australia as a permanent resident for a period of five years.

What happens at the end of five years?

Once you have permanent residency, you do not require ongoing sponsorship from your employee and have full work rights. If you have not become an Australian citizen during the initial five year period, and if you wish to travel overseas, you will need to apply for a Resident Return Visa (RRV) to enable you to re-enter Australia as a permanent resident. RRVs do not impact employment eligibility, but failure to obtain one can prevent re-entry, delaying return to work.

What is a Resident Return Visa (RRV)?

An RRV is a re-entry visa that will allow you to travel in and out of the country as an Australian permanent resident. The length of the travel facility you will get on the visa will depend on the amount of time you have physically spent in Australia.

What is the requirement for the RRV?

RRV Eligibility at a Glance:

  1. 5-Year RRV: If the individual has lived in Australia for 2 out of the past 5 years as a permanent resident or citizen. The 2 years are calculated accumulatively and do not need to be consecutive.
  2. 1-Year RRV: If they have strong personal, employment, or business ties of benefit to Australia but do not meet the 2-year residence rule.
  3. 3-Month RRV: In limited cases, for those who need to travel urgently and meet certain compassionate or compelling criteria.

Please speak to your Ajuria advisor if you need assistance with any of the above.

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