Special Visa conditions after moving to Australia?

mr_nastey · 16-11-2006, 10:10 PM

Hello all,

Can anybody tell me about conditions applied after you are living in Australia?

I am hearing 2nd and 3rd hand stories about not being able to leave Australia for 5 years or that the Visa only lasts for 5 years.

Is anybody aware of such conditions or where to find out about these conditions (I can't find anything on DIMIA).

I am applying and hopefully getting in the next few months (got meds. next week) a straight Skilled Independent VISA (not provisional or state sponsored) and as far as I am aware there are no such conditions applied to this. I hope not as it's taken two years and cost me a lot of money!

All help appreciated.

Cheers

Steve.

kazzy01 · 17-11-2006, 02:18 PM

Hi

The visa is granted for a period of 5 years. After that time, you have to apply to have the visa extended, (having to show you have ties to Australia, eg house, job etc).

You can leave Australia as much as you want during the five years, but I think if you want to apply for citizenship, you need to be there for at least 2 whole years.

Hope that helps.

Karen

ohippychick · 17-11-2006, 04:19 PM

When you get your visa you have a year from the earliest of your police checks or meds to validate it.

Once validated you have 5 years to move to Oz or your visa runs out and you need a new one !!

Once in Oz, you can stay indefinitely (if on a PR visa) as long as you don't commit any criminal offences. However you can apply for citizenship once you have stayed there for at least two complete years (this changes to 4 in January). Citizenship means you'll be granted an Oz visa and can come and go as you please. You don't have to apply for citizenship though, you can remain forever on your PR visa.

mr_nastey · 17-11-2006, 07:40 PM

Thanks for your replies,

ohippychick, you say that once you get citizenship you can come and go as you please:

Does this mean that there are restrictions while on the PR Visa?

Kazzy has said that there aren't restrictions, but has said that the Visa will need to be extended. You have inferred that there are restictions but said that the Visa is indefinite?!?!??!?!? So I'm still confused :?

I do appreciate your help but unfortunatley these two posts seem to be contradictory.

Thanks Again

Steve.

mr_nastey · 17-11-2006, 08:30 PM

OK, I think I'm there....

I've found a nice Australian Visa FAQ online <http://www.beyderwellen.com/faq.htm#FAQ9>

If I have read it right this is what I thnk the conditions are:

I will have 5 years from the date of grant (I assume that means If I take a year to validate then I only have four years???) to come and go to Australia as I please; and, as long as I permanently reside before the end of the 5 years I can stay in Australia indefinitely (as you said).

But, where my confusion comes in, is: if after the 5years I travel overseas (Australia now being my home) I then have to apply for a Resident Return Visa in order to return to Australia (which I guess is what Kazzy was saying).

But surely there must be some maximum time overseas before this is necessary????? Permanent Resident Visa Holders must be allowed overseas holidays (for up to 4 weeks for example) after their 5 years is up. Shouldn't they???

Oh dear, more confusion :? :?

Koala · 18-11-2006, 04:07 AM

This Fact Sheet explains it all more fully:

http://www.immi.gov.au/media/fact-sh...ocuments.htm#b

Koala

mr_nastey · 18-11-2006, 12:34 PM

Thanks Koala,

Sorry if I'm sounding a bit thick, but I really want to bottom this out.

So, If after my 5 year PR Visa has ended I have to obtain an RRV if I want to travel abroad and return to Autralia, irrespective of the time spent overseas. I can just about cope with that it's no different to going on holiday to Oz I guess, you still need a Visa.

But my next question then, is: The two year residency requirement (soon to be 4 - Thanks Kazzy); Does this requirement have to be uninterupted by travelling abroad (for a holiday for example) or is it the sum of all the time spent in Australia in the preceding 5 years?

Basically, I have every intention of spending the rest of my life in Australia but I expect to be able to travel overseas for short periods within the 5 year period and after the 5 year period of my PR Visa and If I am restricted in doing so (because I need 2 or 4 years uninterupted residency) then that will pose a big problem to me (well the misses actually :)).

Sorry if everyone is finding this frustrating reading because I am being so dense!

Regards

Steve.

Gollywobbler · 18-11-2006, 12:36 PM

Hi Mr Nastey

I entirely agree with you!

What actually happens is as follows. The PR visa-label contains several hieroglyphics. most of them utterly daft. My 86 year old widowed Mum - who is dependent on a zimmer frame as they bluddy well know from the meds - was told in her Contributory Parent 143 visa label, "Must Not Marry Before Entering Australia." She has now entered Australia in the same widowed and unmarried state, Dad having popped his clogs some 15 years ago. I assume that the idea is that Mum is now free to pick up some Bogan or other at a zimmer frame crashing party of some sort - or maybe even a toyboy? My mind boggles at the legal possibilities now....

Cheers

Gill

mr_nastey · 18-11-2006, 12:51 PM

Thanks Gill, It's nice to know I'm not the only one confused.

But, if the bureaucrats are that confused too, what hope do I have :lol:

ohippychick · 18-11-2006, 02:18 PM

Quote:

Originally Posted by mr_nastey

Thanks Koala,

Sorry if I'm sounding a bit thick, but I really want to bottom this out.

So, If after my 5 year PR Visa has ended I have to obtain an RRV if I want to travel abroad and return to Autralia, irrespective of the time spent overseas. I can just about cope with that it's no different to going on holiday to Oz I guess, you still need a Visa.

But my next question then, is: The two year residency requirement (soon to be 4 - Thanks Kazzy); Does this requirement have to be uninterupted by travelling abroad (for a holiday for example) or is it the sum of all the time spent in Australia in the preceding 5 years?

Basically, I have every intention of spending the rest of my life in Australia but I expect to be able to travel overseas for short periods within the 5 year period and after the 5 year period of my PR Visa and If I am restricted in doing so (because I need 2 or 4 years uninterupted residency) then that will pose a big problem to me (well the misses actually :)).

Sorry if everyone is finding this frustrating reading because I am being so dense!

Regards

Steve.

I think it's the sum. Put it this way, my friend has just applied for her citizenship and she has had two trips back to the UK, one for 5 weeks and one for 2. She applied as soon as she had been here for 2 years and 7 weeks.