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Returning to UK for holiday on a 176 visa


dancinghelen

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Hi all

I have a 176 visa for Perth which expires on 4th May 2017. I have validated the visa in January of last year (2013) but have yet to move to Perth (saving money for move e.t.c.). My understanding is as long as my family make the move before 4th May 2017 we will have permanent residency (although we have to stay in perth for 2 years as a condition of the visa). It is also my understanding that if we left it until the last minute (i.e. April / May 2017) to make the move we would need to stay in Australia for two full years.

 

My question is could we take a holiday back to the UK during those following two years (2017 / 2018) without having a problem with our visas such as being refused re-entry, or needing to apply for an emergeny visa (which i am led to believe only are issued for compelling and passionate grounds such as a death in the family).

 

I would like at least another year to add to our savings to take the pressure off looking for work immediately when we arrive, but don't want this to be to the detriment of being able to get home to visit family in the UK during our first couple of years.

 

Any advice would be most welcomed.

Thanks in advance.

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If the 176 visa is like the 190 visa, there's no condition that says you need to live in Perth for 2 years. It's a moral obligation, but not a legal one.

 

Regarding entering/staying in Australia, the 176 visa is a permanent visa. As long as you arrive in Australia before the "expiry" date, you can stay indefinitely. The expiry date refers to the travel rights on the visa, which expire 5 years after the visa was granted. If, after the expiry date, you'd like to leave Australia (overseas holiday, etc.), you need a visa that will allow you to re-enter and this is the Return Resident Visa (RRV). If you've lived in Australia for 2 years before applying for a RRV, you will get a 5-year RRV which means you can travel freely for another 5 years. If you've lived in Australia less than 2 years, you need to show you've settled and established substantial ties such as having a home (owned or leased), a job, kids are in school, etc. If you can provide this evidence, you'll likely get a 3-month or 1-year RRV (then you can apply for the 5-year form once you reach the 2-year mark).

 

I believe the RRV processing is very quick so you can apply and get the RRV with pretty short notice. Whether it's quick enough for emergency travel I don' t know (there was a poster a week or two back who had a friend who didn't know about the RRV and had to quickly get one from overseas so he could return to Australia).

 

One of the advantages to citizenship is that it eliminates the need to continually get a RRV, but you have a while to go before you are eligible.

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Thank you for posting that Maggie May - you cleared up a lot of questions I had about leaving Australia and returning within the first 2 years and the RRV.

My partner and I are also on a 176 visa sponsored by Victoria. U say its not a legally binding agreement and we are only morally obliged to stay in Victoria for the first two years? If we moved to another state with the 2 years to look for work could it cause problems with our visa?

Thanks again

Clare

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