Nick UK Posted August 8, 2012 Share Posted August 8, 2012 Does anyone know how long you have until you must enter Australia once you are granted the 190 VISA AND also whether you are then free to return to your home country without losing your PR? The reason for my question is I would like to secure PR while conditions remain favourable in terms of eligibility but would prefer not to actually emigrate just quite yet. So in an ideal world I would like to apply for PR via 190, enter Australia within the time DIAC specify but then return home for a year or so until I'm ready to make the move safe in the knowledge I have secured PR. Does anyone know if this is feasible and if not why? Thank you! Link to comment Share on other sites More sharing options...
nycplanner Posted August 8, 2012 Share Posted August 8, 2012 You have 1 year from the date of either your PCCs or medicals to activate the visa. For most people, this translates roughly to about 10 months from the date of visa grant. The visa allows you to enter Australia as a PR for five years, so many people enter within the 10 months or so to activate it but only stay for a week or so on holiday then return home. You have up until that five year date to officially migrate, but if you want to leave Australia after that five year period, you have to apply for a Resident Return Visa, which has a separate host of requirements (generally speaking you need to have lived in Australia for at least two out of the previous five years). Link to comment Share on other sites More sharing options...
Nick UK Posted August 8, 2012 Author Share Posted August 8, 2012 That's fantastic news! Thank you for sparing the time I am very grateful. I am in the process of getting my ducks in order and will then make the application. Link to comment Share on other sites More sharing options...
Guest melanie79 Posted August 9, 2012 Share Posted August 9, 2012 hi nycplanner! so if im understanding what you say: i get the 1 year to activate the visa, then have up to 5 years to enter the country for pr. but i dont really understand the resident return visa bit? say if i went over & after activating the visa, but wanted to come home for a visit within the 5 years would i have to get a resident return visa? and then again for a visit after the 5 years i would have had to live in australia 2 out of the 5 years? thanks for your help! mel You have 1 year from the date of either your PCCs or medicals to activate the visa. For most people, this translates roughly to about 10 months from the date of visa grant. The visa allows you to enter Australia as a PR for five years, so many people enter within the 10 months or so to activate it but only stay for a week or so on holiday then return home. You have up until that five year date to officially migrate, but if you want to leave Australia after that five year period, you have to apply for a Resident Return Visa, which has a separate host of requirements (generally speaking you need to have lived in Australia for at least two out of the previous five years). Link to comment Share on other sites More sharing options...
lebourvellec Posted August 9, 2012 Share Posted August 9, 2012 You wont have 1 year to validate - its 12 months from earliest date of medicals or PCC, that is why offshore applicants are advised to wait for a CO before they do these. You visa is valid for multiple entry for 5 years from the date it is granted. You can come and go as must as you like within this time. Once the 5 years is up - (if you have not applied for citizenship), you only need a RRV if you are leaving AUstralia - so you are able to re-enter on your return. To be eligible for the 5 year RRV you need to have spent 2 years in last 5 in Australia. But if you never plan to leave Australia again - you dont need to apply for RRV. To be eligible for Citizenship you need to spend 4 years in Australia. (allowed 12 months out the country in the 4 years, but only 90 days in the 12 months before applying) Link to comment Share on other sites More sharing options...
Guest melanie79 Posted August 9, 2012 Share Posted August 9, 2012 thanks lebourvellec! thats great info. mel You wont have 1 year to validate - its 12 months from earliest date of medicals or PCC, that is why offshore applicants are advised to wait for a CO before they do these. You visa is valid for multiple entry for 5 years from the date it is granted. You can come and go as must as you like within this time. Once the 5 years is up - (if you have not applied for citizenship), you only need a RRV if you are leaving AUstralia - so you are able to re-enter on your return. To be eligible for the 5 year RRV you need to have spent 2 years in last 5 in Australia. But if you never plan to leave Australia again - you dont need to apply for RRV. To be eligible for Citizenship you need to spend 4 years in Australia. (allowed 12 months out the country in the 4 years, but only 90 days in the 12 months before applying) Link to comment Share on other sites More sharing options...
Nick UK Posted August 9, 2012 Author Share Posted August 9, 2012 You wont have 1 year to validate - its 12 months from earliest date of medicals or PCC, that is why offshore applicants are advised to wait for a CO before they do these. You visa is valid for multiple entry for 5 years from the date it is granted. You can come and go as must as you like within this time. Once the 5 years is up - (if you have not applied for citizenship), you only need a RRV if you are leaving AUstralia - so you are able to re-enter on your return. To be eligible for the 5 year RRV you need to have spent 2 years in last 5 in Australia. But if you never plan to leave Australia again - you dont need to apply for RRV. To be eligible for Citizenship you need to spend 4 years in Australia. (allowed 12 months out the country in the 4 years, but only 90 days in the 12 months before applying) Hi Lebourvellac, what is a CO? My state of interest in WA (due to my occupation being in demand) and on their website it states that you must spend at least 2 years in the State 'upon arrival' as a condition of State Sponsorship VISA classes. So my only concern is that once I arrive I will not in fact be able to return home for a year or so until ready to make the move. DIAC website does confirm the RRV 5 year element but WA website states the 2 years starts 'from arrival' (see quoted text from their website below). I'm a bit nervous about asking WA directly in case they look unfavourably on my intention to get the VISA, activate it and then go back home until i'm ready to migrate. Any advice or clarification appreciated! Please note that being granted State Sponsorship does not guarantee your visa will be approved by the Department of Immigration and Citizenship (DIAC). All successful applicants are required to: commit to living and working in Western Australia for two years upon arrival; and bring sufficient funds (for at least 3 months) into the State to cover settlement costs. Link to comment Share on other sites More sharing options...
lebourvellec Posted August 9, 2012 Share Posted August 9, 2012 Hi Lebourvellac, what is a CO? My state of interest in WA (due to my occupation being in demand) and on their website it states that you must spend at least 2 years in the State 'upon arrival' as a condition of State Sponsorship VISA classes. So my only concern is that once I arrive I will not in fact be able to return home for a year or so until ready to make the move. DIAC website does confirm the RRV 5 year element but WA website states the 2 years starts 'from arrival' (see quoted text from their website below). I'm a bit nervous about asking WA directly in case they look unfavourably on my intention to get the VISA, activate it and then go back home until i'm ready to migrate. Any advice or clarification appreciated! Please note that being granted State Sponsorship does not guarantee your visa will be approved by the Department of Immigration and Citizenship (DIAC). All successful applicants are required to: commit to living and working in Western Australia for two years upon arrival; and bring sufficient funds (for at least 3 months) into the State to cover settlement costs. CO - is a Case Officer -this is the person who processes your application at the DIAC. The 2 years in the State is a Moral Obligation, it is not a condition of your visa. But you can do the 2 years when you make the move. We also have State Sponsorship for WA, we are going over in September to Validate our visas, we are only going for 2 weeks, out visa expires in Oct 2016, so will make the move in a few years, not ready just now as my OH has just gotten a promotion at work, and we may be relocated to Australia in 2015 with his current job. Yes you can validate and move when you are ready. Link to comment Share on other sites More sharing options...
Nick UK Posted August 13, 2012 Author Share Posted August 13, 2012 Hi Lebourvellac According to the Migration Agent at the Government of WA the 2 years begins when you first enter Australia having been granted the VISA. At that time they also request an address where you will be staying in WA. Please see his exact email to me: 'The 2 years in WA that you mentioned will be the first 2 years of your visa. When you come to WA you will be required to register your arrival with an address in the state.' This has obviously left me a little confused! Can I ask who told you that you can enter WA, activate the 190 VISA, then return home until you are ready to actually make the move (within the 5 years)? Also, I believe you are mistaken that the obligation to live in WA (or whichever State has sponsored you under 190) is simply 'moral'. I believe it is in fact an obligation of your VISA. Otherwise why would one State sponsor you so you can simply go and live in another? Please could you let me know your information source as I'm a little flummoxed?! Thank you! Link to comment Share on other sites More sharing options...
nycplanner Posted August 13, 2012 Share Posted August 13, 2012 The confusion comes from the fact that you're actually dealing with two separate entities, the WA state government and the federal government (i.e. DIAC). From the federal government's perspective, all permanent residents (remember, a 190 visa is a PR visa) are allowed to reside anywhere in Australia. However, state sponsored PR visa holders must have a state sponsor (in this case, WA) their visa applications. As part of the agreement to sponsor you, you are committing to living in that state for at least 2 years. However, coming back to federal law, PR visa holders can live anywhere in Australia they like. This is why some people shirk their (moral) obligation to the state which sponsored them -- they know that the federal law prevents the state from really doing anything about it. As a rule, moving to another state before the two years are up won't affect the visa or any attempt to obtain citizenship in the future. This is a topic that has been discussed at length on this forum (do a search through some of the old threads) and is a hot-button topic that generates very strong opinions either way. Link to comment Share on other sites More sharing options...
lebourvellec Posted August 13, 2012 Share Posted August 13, 2012 Hi Lebourvellac According to the Migration Agent at the Government of WA the 2 years begins when you first enter Australia having been granted the VISA. At that time they also request an address where you will be staying in WA. Please see his exact email to me: 'The 2 years in WA that you mentioned will be the first 2 years of your visa. When you come to WA you will be required to register your arrival with an address in the state.' This has obviously left me a little confused! Can I ask who told you that you can enter WA, activate the 190 VISA, then return home until you are ready to actually make the move (within the 5 years)? Also, I believe you are mistaken that the obligation to live in WA (or whichever State has sponsored you under 190) is simply 'moral'. I believe it is in fact an obligation of your VISA. Otherwise why would one State sponsor you so you can simply go and live in another? Please could you let me know your information source as I'm a little flummoxed?! Thank you! You cant provide the state with an address if you are not living there during the first 2 years after the visa has been granted. Many people validate their visa then make the move a few years later, for work or family resons. The visa is valid for 5 years, the only condition is that you must make first entry before the date stipulated. It is our decision when we move to Australia and nobody told me that I can enter and return home this is common knowledge the 176/190 are PR and you can leave and enter Australia any time you want in the 5 years. An I am not mistaken remarding the Moral obligation of the State Spnosorship agreement - do a search on the forum you will find alot of threads where this has been discussed to death if this is right or wrong - and the loophole of this. SInce I have got a 176 visa granted - I can assure you that there is NO conditions on your visa to state you must stay in the state for the 2 years. And nothing can happen to your visa if you never go to the state that sponsored you. There are conditions on Provisional Visas which state that you must stay in Regional Area as a condition of your visa. "A visa holder can live and work permanently anywhere in Australia." http://www.immi.gov.au/skills/skillselect/index/visas/subclass-190/ Link to comment Share on other sites More sharing options...
Nick UK Posted August 13, 2012 Author Share Posted August 13, 2012 Interesting. Thanks NYCPlanner I will have search on the forum! Link to comment Share on other sites More sharing options...
Nick UK Posted August 13, 2012 Author Share Posted August 13, 2012 Thanks Lebourvellac! Wish me luck!! Link to comment Share on other sites More sharing options...
coopalaroop Posted August 29, 2014 Share Posted August 29, 2014 hi guys, Seen a lot of posts on the internet about state obligations etc. from what I gather you can ask the sponsoring state to release you from the obligation but its not essential to do so. My question is this: What if I leave Australia to work overseas? Can I apply for resident return if I have lived outside of Australia for most of my PR visa duration? Basically I gained my 190 in Jan this year through VIC Skill Select. Haven't been able to find work and the job market is just getting worse. I have been offered a job overseas and cant refuse it. I wish to return here when things pick up and hope that I will be able to apply for a resident return visa whilst overseas. Any thoughts or people with similar experience? Coop Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 29, 2014 Share Posted August 29, 2014 Based on current criteria, if you can demonstrate sufficient ties to Australia then you'll probably be able to get a RRV. Note that "sufficient ties" is a relative term so it doesn't have a fixed list of what's sufficient and what isn't. Also keep in mind that this is based on current criteria. There's nothing to say DIBP won't tighten this up so people who move away aren't able to easily return. Link to comment Share on other sites More sharing options...
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