Can Immigration Revoke Permanent Residence?

Permanent residency is a significant right granted to individuals allowing them to live and work in a foreign country. However, it can indeed be revoked under certain circumstances. If you are no longer deemed eligible due to criminal records, living outside the country, or engaging in illegal activities, your permanent residency can be withdrawn.

Revocation of Permanent Residency

Permanent residency is not guaranteed to be permanent. In almost every country, permanent residency can be revoked. It is important to understand that it is not the same as citizenship. Rather, it is a permission to live in the country under certain terms and conditions. If these terms are broken, such as through criminal activities or failure to comply with local laws, the permission to reside can be revoked.

Cause for Revocation

There are several key reasons why your permanent residency might be revoked:

Committing serious unlawful activities, such as fraud, forgery, drug trafficking, or murder. Moving your main residence outside of the country after obtaining permanent residency. Having a criminal record that disqualifies you from being a permanent resident. Failing to comply with the terms of the residency, such as avoiding taxes or failing to reside within the country. Obtaining permanent residency through fraudulent means, which can lead to revocation even after a considerable period. Expired Resident Return Visa (RRV), which does not necessarily mean the permanent residency status is revoked.

In many cases, permanent residency is granted for a period, such as 10 years, and must be renewed. If circumstances have not changed, renewal is often automatic. However, it is essential to follow the terms and conditions to avoid revocation.

Australian Perspective

Australia offers a clear example of how permanent residency can be revoked. If it is discovered that you obtained your permanent residency through false pretenses, that status can be revoked. Similarly, if you commit a crime and fail the character test, your permanent residency can be withdrawn. This often applies if you are convicted of severe offenses or fall under the 'character provisions.'

Resident Return Visas (RRV)

A Resident Return Visa (RRV) is a 'travel permit' that must be obtained after the initial five-year visa period expires. If you fail to receive an RRV after living abroad for too long, you may not be considered a permanent resident anymore. This can result in your permission to reside being revoked.

It's crucial to understand that the permanent residency status itself is not immediately revoked due to an expired RRV. Instead, the RRV serves as a means to maintain your residency status. Misunderstandings surrounding this can lead to confusion but are important to clarify for those navigating the complexities of permanent residency.

Conclusion

While permanent residency is a valuable privilege, it is subject to revocation based on various grounds. It is essential to comply with the terms and conditions of your residency, avoid criminal activities, and maintain your status as required. Seeking professional legal advice can provide further clarity and guidance in this matter.

References

Modern Migration Australia: Migration Agent in Perth.