jkm10 Posted January 25, 2015 Share Posted January 25, 2015 Hi I am thinking of applying for 189 visa and was just reading something about a 5year travel limit, can anyone explain what this means please? Link to comment Share on other sites More sharing options...
xxlornaxx Posted January 25, 2015 Share Posted January 25, 2015 Within 5yrs of first having visa u can come and go as u like from aus..after that u need an additional visa..a resident return visa to travel in n out of country..or u could go for citizenship after 4yrs..not need any visa n hav all freedom u like Link to comment Share on other sites More sharing options...
jkm10 Posted January 25, 2015 Author Share Posted January 25, 2015 Thanks lorna, so just to clarify. Does it mean that when you apply for visa and it is granted, you have a time limit to enter oz, but you could enter just for a holiday, and then you have a further 5years to actually move over to live? Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 25, 2015 Share Posted January 25, 2015 That's more or less right. A permanent visa has two important dates. One is the date by which you must enter Australia to validate your visa. That date is usually 12 months from the date of your earliest medical or PCC. The other is the date on which your re-entry rights to Australia expire. It will be 5 years from the date of GRANT of the visa (not 5 years from the date you validate). You can come for a short trip (you actually only need to go through the immigration gate and could then leave the country) to validate your visa and you then have several years to actually make the move if that suits your circumstances. During the 5 years in which you have re-entry rights, you can come and go as you please. If you stay in Australia after the 5 years, you can stay forever even if you never apply for citizenship. If you are overseas or go overseas after the re-entry rights expire, you can only re-enter Australia as a PR if you have a Resident Return visa. On the following, see Visa applicants > Who could get this visa for conditions: http://www.immi.gov.au/Visas/Pages/155-157.aspx Resident Return visa Link to comment Share on other sites More sharing options...
jkm10 Posted January 25, 2015 Author Share Posted January 25, 2015 Thank you makes more sense now :-) that is brill news that you have that 5year period :-) Link to comment Share on other sites More sharing options...
itegoa Posted January 25, 2015 Share Posted January 25, 2015 Something to think about. Say, for example, if you're planning to wait 4.5 years after date of grant to move. That will mean you have 0.5 re-entry rights. After that 0.5 year you will no longer have rights to re-enter. What if you have to make a quick trip out of the country after 1 year? You can't apply for citizenship (which has it's own set of criteria, the important one being you must be resident in Australia for 4+ years). You could go down the route of RRV, but you need to have either (a) spent a period totalling 2 years in the last 5 years in Australia as a PR, or (b) if you have not spent 2 of the past 5 years in Australia as a PR you must show you have substantial business, cultural, employment or personal ties of benefit to Australia. See the link to the RRV page that @Ozmaniac posted. What I'm trying to say is, don't leave it too long into the 5 year period to make the move Link to comment Share on other sites More sharing options...
mungbean Posted January 25, 2015 Share Posted January 25, 2015 What if you have to make a quick trip out of the country after 1 year? You can't apply for citizenship (which has it's own set of criteria, the important one being you must be resident in Australia for 4+ years). Does this really mean that you can't leave the country even for a week's holiday in the whole 5 years? Surely "resident" means you're normally living there, not that you have to be physically present for 365 days a year? Link to comment Share on other sites More sharing options...
itegoa Posted January 25, 2015 Share Posted January 25, 2015 Does this really mean that you can't leave the country even for a week's holiday in the whole 5 years? Surely "resident" means you're normally living there, not that you have to be physically present for 365 days a year? No it doesn't mean that you cannot leave the country for a week's holiday. I mentioned that applying for citizenship has it's own set of criteria, well here they are: From Immi website: The residence requirement is based on the time you have lived in Australia and the time you have spent outside Australia. You must: have been living in Australia on a valid Australian visa for four years immediately before applying which must include the last 12 months as a permanent resident, and not have been absent from Australia for more than one year in total, in the 4 year period, including no more than 90 days in the year before applying. Link to comment Share on other sites More sharing options...
mungbean Posted January 25, 2015 Share Posted January 25, 2015 In that case I don't understand "What if you have to make a quick trip out of the country after 1 year? " Link to comment Share on other sites More sharing options...
jac2011 Posted January 25, 2015 Share Posted January 25, 2015 What they are saying is say you leave it 4.5 years till you enter australia (therefore only having half a year where you can enter freely). Say one year later (so 6 months after the 5 year qualifying period) you want to go on holiday, you do not automatically have rights to re-enter Australia without gaining a RRV visa. This is the issue of leaving the move till the end of your 5 year period. Link to comment Share on other sites More sharing options...
mungbean Posted January 25, 2015 Share Posted January 25, 2015 Right, thanks Link to comment Share on other sites More sharing options...
cantthinkofone Posted January 26, 2015 Share Posted January 26, 2015 That's more or less right. A permanent visa has two important dates. One is the date by which you must enter Australia to validate your visa. That date is usually 12 months from the date of your earliest medical or PCC. The other is the date on which your re-entry rights to Australia expire. It will be 5 years from the date of GRANT of the visa (not 5 years from the date you validate). You can come for a short trip (you actually only need to go through the immigration gate and could then leave the country) to validate your visa and you then have several years to actually make the move if that suits your circumstances. During the 5 years in which you have re-entry rights, you can come and go as you please. If you stay in Australia after the 5 years, you can stay forever even if you never apply for citizenship. If you are overseas or go overseas after the re-entry rights expire, you can only re-enter Australia as a PR if you have a Resident Return visa. On the following, see Visa applicants > Who could get this visa for conditions: http://www.immi.gov.au/Visas/Pages/155-157.aspx Resident Return visa I don't believe this is correct.. you need to stay in Australia 3 out of 5 years if not your permanent residence will be revoked. Can someone please clarify or explain if I misunderstood something? Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 26, 2015 Share Posted January 26, 2015 You have misunderstood how it works. To use an extreme example... If you were to come to Australia for a very short visit to validate your visa and then left the country, only returning the day before your 5 years is up (the "must not enter after" date which is 5 years from the date of grant of the visa), you could then stay in Australia forever and would still be a PR. It wouldn't matter that you had only spent a few days in Australia during the 5 years. If after the 5 year mark, you want to leave Australia or if at the 5 year mark you are outside Australia, you can only re-enter the country if you have a Resident Return visa. It is very easy to get a 5 year RRV if you have spent at least 2 years out of the previous 5 in Australia (the 5 years immediately before you apply for the RRV, not the 5 of the original visa's re-entry rights). If you meet the 2 out of 5 requirement, it's a 'rubber stamp' - you WILL get a 5 year RRV when you apply. If you have spent less than 2 years out of the previous 5 in Australia, you may still be able to get a 1 year or 3 month RRV but you must meet certain eligibility conditions which are highly subjective and rely on whether you can convince the processing officer that you should be granted a RRV. See Visa applicants > Who could get this visa on the RRV section of the .immi website for info on the conditions: http://www.immi.gov.au/Visas/Pages/155-157.aspx Link to comment Share on other sites More sharing options...
cantthinkofone Posted January 26, 2015 Share Posted January 26, 2015 You have misunderstood how it works. To use an extreme example... If you were to come to Australia for a very short visit to validate your visa and then left the country, only returning the day before your 5 years is up (the "must not enter after" date which is 5 years from the date of grant of the visa), you could then stay in Australia forever and would still be a PR. It wouldn't matter that you had only spent a few days in Australia during the 5 years. If after the 5 year mark, you want to leave Australia or if at the 5 year mark you are outside Australia, you can only re-enter the country if you have a Resident Return visa. It is very easy to get a 5 year RRV if you have spent at least 2 years out of the previous 5 in Australia (the 5 years immediately before you apply for the RRV, not the 5 of the original visa's re-entry rights). If you meet the 2 out of 5 requirement, it's a 'rubber stamp' - you WILL get a 5 year RRV when you apply. If you have spent less than 2 years out of the previous 5 in Australia, you may still be able to get a 1 year or 3 month RRV but you must meet certain eligibility conditions which are highly subjective and rely on whether you can convince the processing officer that you should be granted a RRV. See Visa applicants > Who could get this visa on the RRV section of the .immi website for info on the conditions: http://www.immi.gov.au/Visas/Pages/155-157.aspx thanks for the reply! so lets say in my case.. the earliest date of my medicals and PCC is jan 2015 and i officially get my 189 grant in may 2015. this means: - i have until jan 2016 to make my first landing in australia? and when i make my first landing, they issue me with a 189 visa for 5 years from the date i first landed? say i make the first landing in jan 2016 and stay for only a few weeks.. i leave the country in feb 2016. i am still considered an australian PR for 5 years and can legally enter and leave australia as i wish? as long as i was in australia for 2 out of 5 years from the time the very first 189 visa was issued, then i wouldn't have any problems renewing the visa and getting a RRV. let me know if theres still something I'm missing. PS. I couldn't see my post on the thread which you were replying to. Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 26, 2015 Share Posted January 26, 2015 thanks for the reply! so lets say in my case.. the earliest date of my medicals and PCC is jan 2015 and i officially get my 189 grant in may 2015. this means:- i have until jan 2016 to make my first landing in australia? and when i make my first landing, they issue me with a 189 visa for 5 years from the date i first landed? say i make the first landing in jan 2016 and stay for only a few weeks.. i leave the country in feb 2016. i am still considered an australian PR for 5 years and can legally enter and leave australia as i wish? as long as i was in australia for 2 out of 5 years from the time the very first 189 visa was issued, then i wouldn't have any problems renewing the visa and getting a RRV. let me know if theres still something I'm missing. PS. I couldn't see my post on the thread which you were replying to. That's not quite right. The first part about having until January 2016 to make the first landing is right but the 5 years with re-entry rights starts from when the 189 visa is GRANTED, not from when you land. Your right to re-enter Australia on the 189 would expire in May 2021. Until then, you can legally enter and leave Australia as you wish but after that, you can only re-enter as a PR if you have a RRV. You will definitely be able to get a 5 year RRV if you were in Australia for 2 years out of the 5 years immediately before you apply for the RRV - the 2 years can be made up of several presences and doesn't need to be in one block. If you were in Australia for less than 2 years in total during that 5 years, you wouldn't be able to get a 5 year RRV but may be able to get a 1 year or 3 month RRV if you can satisfy the processing officer that you meet the requirements. A RRV of whatever length allows you to re-enter Australia while it's valid. And sorry you couldn't see my post. It was a thing that can happen with occasional posts by mods but has now been fixed. Link to comment Share on other sites More sharing options...
janlo Posted January 26, 2015 Share Posted January 26, 2015 I have just had 1st hand experience of RRV ! At the airport going to bali last week the official said " have a nice holiday, did you know your visa (100) has expired ? You may not be able to get back on the plane in Bali until you renew it". Yikes ! Whilst on holiday I went online and paid $350 for a RRV. The actual application number and receipt number whether approved or not was enough for me to gain entry back into Australia, it usually takes 48 hours. If unapproved by the time I was due home they would have given me a temporary visa (not fully explained...I presume almost like a holiday visa) until the RRV was approved or otherwise. Very easy but have to admit I had not left the country for 3 years. Was informed lots of Brits "forget" to renew and they come across my situation all the time but far from ideal especially when I was going to apply for citizenship when I got back from hols. So in a nutshell it's the TRAVELLING part of the visa that expires. annoyedwithmyself.com !!!! Link to comment Share on other sites More sharing options...
jkm10 Posted January 26, 2015 Author Share Posted January 26, 2015 Ok im confused now, is it only a problem if it is towards the end of the 5yr period or say my visais granted i move out there soon after, am i not able to leave the country on holiday then without needing RR visa to get back in? Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 26, 2015 Share Posted January 26, 2015 I'm sorry you're still confused but your question has been answered several times in posts on this thread. If you read back through the earlier posts, I'm sure it will all become clear. Link to comment Share on other sites More sharing options...
jkm10 Posted January 26, 2015 Author Share Posted January 26, 2015 I did not ask the question about this originally lol, it is a valid question i am asking, if the same applies if you move out there say 1yer into 5year period, or does this only apply towards the end. Link to comment Share on other sites More sharing options...
xxlornaxx Posted January 26, 2015 Share Posted January 26, 2015 You can leave the country as much as u like in first 5yrs of grant without needing resident return visa Link to comment Share on other sites More sharing options...
jkm10 Posted January 26, 2015 Author Share Posted January 26, 2015 Cool thanks. X Link to comment Share on other sites More sharing options...
janlo Posted January 26, 2015 Share Posted January 26, 2015 That's right, FROM DATE PR granted you have a 5 year "right" to come and go included. Then you have to almost check in again with immigration and get another 5 year passage to come and go. Deffo get citizenship at this point if possible and come off a visa, same price so no reason why not. Link to comment Share on other sites More sharing options...
mungbean Posted January 26, 2015 Share Posted January 26, 2015 Deffo get citizenship at this point if possible and come off a visa, same price so no reason why not. Reasons for not getting citizenship might include what you're planning to do with Super contributions/pensions and where you intend to be claiming them...? Link to comment Share on other sites More sharing options...
janlo Posted January 26, 2015 Share Posted January 26, 2015 Reasons for not getting citizenship might include what you're planning to do with Super contributions/pensions and where you intend to be claiming them...? Never gave that a thought, didn't know it made a difference, citizen or not. Will be looking into it before I go for citizenship. Thanks Link to comment Share on other sites More sharing options...
mungbean Posted January 26, 2015 Share Posted January 26, 2015 If I understand correctly, for temporary residents, if you leave Aus and your visa has expired (or you cancelled it) you can claim "departing Australia superannuation payment", i.e. you can get your Super back. Whereas if you're a citizen you have to retire in Aus or NZ to claim your pension. Unlike UK pensions which can be claimed overseas. Would be helpful to know how this works for people having PR which then expires as being discussed above. Link to comment Share on other sites More sharing options...
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