Acquiring foreign permanent residency
- Thread starter aotearoa
- Start date
Well the way it works in Australia is that once you obtain your subsection 136 visa you need to validate it by coming to Australia. By validating it you are granted a "returning resident visa" that is valid for 5 years. In theory, you would be able to depart the next day and do not come back until the last day of the fifth year of your RRV validity. The catch is although you still be able to enter that last day, you will not be able to qualify for another RRV for (I think) two years, so no travels, not even in an emergency.ag28 said:
Because obtaining long term business visa is as much troublesome as obtaining permanent residency. In fact that process is more expensive. You also cannot work for your corporation in Australia until that corporation sponsors you for a work visa (like H1-B US visa). In short - by obtaining PR one gets much more options.JoeF said:
Well, it is not as hard in Australia as it is in the US. In fact it is much, much easier, if you qualify. It is easier and cheaper than getting a long term business visa.
A hypothetical situation
JoeF - you are from EU also (is it Germany?), so you might know.
Suppose I wanted to do a quick consulting job in Germany, but I am not a German citizen. I would have to get a stamp from local Arbeitsamt that allows me to undertake employment in Germany. It is so called "residence stamp" that basically allows me to stay there permanently. How this would be treated by US authorities? Would you think that I could lose my green card by doing that? I assume that the job would not take longer than 3-4 months.
Never did that, so bear with me
The procedure I am talking about might be different - it is just a thought.
JoeF - you are from EU also (is it Germany?), so you might know.
Suppose I wanted to do a quick consulting job in Germany, but I am not a German citizen. I would have to get a stamp from local Arbeitsamt that allows me to undertake employment in Germany. It is so called "residence stamp" that basically allows me to stay there permanently. How this would be treated by US authorities? Would you think that I could lose my green card by doing that? I assume that the job would not take longer than 3-4 months.
Never did that, so bear with me
The procedure I am talking about might be different - it is just a thought.VaniSundaram
Registered Users (C)
aotea........... why dont u search google like joef does & posts? joef has as much experience with immigration as a circus joker does with doing heart surgury......... thx.
Correct me if I am wrong here.
1) I understand that the US is not concerned with other country policies regarding visas and permits.
2) When one wants to establish a foreign branch in Australia - you have much better chances of success if you initially go there yourself and do the hiring. You can do that thru an Australian but it will be harder.
3) The US is concerned if you live in the US permanently. It is not concerned about relationships with other countries. But if you acquire Australian PR and go there for 1 year - then it will likely indicate that you want to relinquish US PR and may have problems upon reentry to the US.
4) If you are away for less than 180 days from the US - INS has to prove that you did in fact relinquish PR in the US. If you have proof that would indicate that you went to Australia just to establish the company e.g: did not buy property in Australia, have strong ties to the US like your family stayed in the US while you were in Australia, have witnesses or transcripts of conversations with lawyers stating that by obtaining Australian PR you will not have to reside there or other proof.
I doubt you will loose US PR then. But I maybe mistaken.
5) From the cases I have read about loosing US PR when you have Canadian PR is when a person seem to have lived in Canada. So the person sometimes would actually have a residence there, maybe even a job. Then they would use the green card for reentry.
6) People get some other country PR not simply to live there - but sometimes to allow them to do sthg more easily like establish a branch more easily. Or it maybe that they need it for tax reasons. I know in Europe if you are a PR of that country it will be much much simpler for you to operate a company and not incur substantial costs. This way - it is advisable to obtain PR of the country.
People can obtain PR of another country especially Canada because of sick immigration laws in the US. I know one married couple where spouse was barred from the US because the husband had a green card. As a result the spouse applied for Canadian PR to live closer to the husband. But in order for her to apply she had to put the husband on the Canadian PR application. In this situation because of sick laws the husband had to be an applicant for Canadian PR although he never intended to reside in Canada.
Also I understand that you have a good chance of running into problems if you obtain other country PR but assumming the US is not going totally bananas - you should be able to keep US PR if you intend to reside in the US.
That is my 2 cents but I would always consult with attorneys. I am a laymen and I would not treat my advice seriously.
1) I understand that the US is not concerned with other country policies regarding visas and permits.
2) When one wants to establish a foreign branch in Australia - you have much better chances of success if you initially go there yourself and do the hiring. You can do that thru an Australian but it will be harder.
3) The US is concerned if you live in the US permanently. It is not concerned about relationships with other countries. But if you acquire Australian PR and go there for 1 year - then it will likely indicate that you want to relinquish US PR and may have problems upon reentry to the US.
4) If you are away for less than 180 days from the US - INS has to prove that you did in fact relinquish PR in the US. If you have proof that would indicate that you went to Australia just to establish the company e.g: did not buy property in Australia, have strong ties to the US like your family stayed in the US while you were in Australia, have witnesses or transcripts of conversations with lawyers stating that by obtaining Australian PR you will not have to reside there or other proof.
I doubt you will loose US PR then. But I maybe mistaken.
5) From the cases I have read about loosing US PR when you have Canadian PR is when a person seem to have lived in Canada. So the person sometimes would actually have a residence there, maybe even a job. Then they would use the green card for reentry.
6) People get some other country PR not simply to live there - but sometimes to allow them to do sthg more easily like establish a branch more easily. Or it maybe that they need it for tax reasons. I know in Europe if you are a PR of that country it will be much much simpler for you to operate a company and not incur substantial costs. This way - it is advisable to obtain PR of the country.
People can obtain PR of another country especially Canada because of sick immigration laws in the US. I know one married couple where spouse was barred from the US because the husband had a green card. As a result the spouse applied for Canadian PR to live closer to the husband. But in order for her to apply she had to put the husband on the Canadian PR application. In this situation because of sick laws the husband had to be an applicant for Canadian PR although he never intended to reside in Canada.
Also I understand that you have a good chance of running into problems if you obtain other country PR but assumming the US is not going totally bananas - you should be able to keep US PR if you intend to reside in the US.
That is my 2 cents but I would always consult with attorneys. I am a laymen and I would not treat my advice seriously.
robwoj said:
For a layman, you have described the facts very well. I hope others would read your post before talking puck.
ps: The one thing in your post I would disagree is your characterization of US immigration law as "sick". Let me point out that US is the biggest desctination for immigrants around the world. If US policy was sick, you would think those immigrants would go to other countries, but that does not happen.
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Vote Bush '04
dsfgh100 said:
I am not trying to start another war. I think people come to US because US has jobs. It is not because how great is US immigration law. If Canada has as many jobs as US, we all go to Canada without suffering. I prefer Canada than US but Canada has very few jobs.