oxymore Posted April 22, 2015 Share Posted April 22, 2015 Hi, just wondering if anyone knows if there are any terms attached to the 189 visa? I was thinking of applying for it but some people have said that I have to be in Australia for 6 months or 2 years out of the 5 years otherwise I will void my visa?? Would anyone be able to confirm this? I am planning to go back to the UK for 3 years to complete GP training, I started it a bit here but seems like the other way round would be more recognised! The plan would then be to return after. I've worked here as a doctor for 2.5 years already so have some money in QSuper also so I'm guessing if I get PR I would be able to keep it here with no problems? If not, I either have to take it out at 34% tax rate or it gets passed to the government and I have to claim it back from them somehow, is that correct? Would appreciate if anyone could help clarify on these! Thanks so much Link to comment Share on other sites More sharing options...
calNgary Posted April 23, 2015 Share Posted April 23, 2015 Hi I have moved your thread to migration , hopefully someone will be along soon,who can answer your questions. Cal x Link to comment Share on other sites More sharing options...
MaggieMay24 Posted April 23, 2015 Share Posted April 23, 2015 The travel rights expire after 5 years, so you'd need a Resident Return Visa (RRV) to get back into the country. If you return before the travel rights expire, then you don't have an issue until you want to leave again (either get a RRV or citizenship). I can't help with the superannuation questions. Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 23, 2015 Share Posted April 23, 2015 Hi, just wondering if anyone knows if there are any terms attached to the 189 visa? I was thinking of applying for it but some people have said that I have to be in Australia for 6 months or 2 years out of the 5 years otherwise I will void my visa?? Would anyone be able to confirm this? I am planning to go back to the UK for 3 years to complete GP training, I started it a bit here but seems like the other way round would be more recognised! The plan would then be to return after. I've worked here as a doctor for 2.5 years already so have some money in QSuper also so I'm guessing if I get PR I would be able to keep it here with no problems? If not, I either have to take it out at 34% tax rate or it gets passed to the government and I have to claim it back from them somehow, is that correct? Would appreciate if anyone could help clarify on these! Thanks so much A 189 is a permanent, no strings attached visa. It doesn't expire in 5 years but has re-entry rights to Australia for only 5 years. Once you've validated your visa (which must be within 12 months of your earliest medical or PCC), you could leave Australia until the day before the 5 years is up and could come back as a PR holding a 189 visa without any problem. That would seem to fit right in with your current plans if you want to stay away for only 3 years. If you want to return after the 5 year point, you can only re-enter Australia from overseas as a PR if you have a Resident Return visa. If you have spent 2 years out of the 5 years before you apply for a RRV in Australia (as distinct from the original 5 years), you will have no trouble whatsoever getting a 5 year RRV which re-sets your re-entry rights for another 5 years. If you've spent less than 2 years out of the previous 5 in Australia, you should still be able to get a 1 year (or in some cases) a 3 month RRV, either of which will allow you to return to Australia as a PR holding a 189. On the super side of things; you could withdraw your super now if you wish (less withholding tax) but once you have PR, that option is no longer available and it MUST be left until you reach retirement age (or whatever rule applies in the future). Link to comment Share on other sites More sharing options...
oxymore Posted April 23, 2015 Author Share Posted April 23, 2015 Ok thanks guys. So just to clarify the process it would be: 1. Apply for 189 on/off shore 2. 189 allows me to travel anytime in/out of Australia but only lasts 5yrs 3. At the end of the 5yrs if I want to continue my PR I need to apply for a RRV? 4. In order to be eligible for the RRV I would need to have been in Australia for atleast 2years continuously whilst I had my 189 visa? Is that correct? Especially want to clarify point 4 as if I for some reason am not able to return after 3 years then it may be pointless having the visa as I will not be allowed to renew it if I haven't been here for 2 years? In that case would it be more beneficial for me to apply for 189 from the UK after the 3yrs or so? Thanks! Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 23, 2015 Share Posted April 23, 2015 That's not completely correct. I'll have another go at explaining. And this time, I'll include a link the info on the RRV so you can read the rules for yourself. 1. Correct. 2. Your PR doesn't expire in 5 years but has re-entry rights to Australia for only 5 years. 3. After 5 years, the only thing that has expired is your right to re-enter Australia as a PR. If you want to be able to enter Australia as a PR, you must have an RRV. 4. "In order to be eligible for the RRV I would need to have been in Australia for at least 2years continuously whilst I had my 189 visa?" NO, that's NOT correct. You can only get a 5 year RRV if you have spent at least 2 years out of the previous 5 years as a PR but the 2 years doesn't need to be continuous - it can be made up periods here and there in the 5 years totalling 2 years. If you haven't spent a total of 2 years out of the previous 5 in Australia, you can still get an RRV but it will be for 12 months (or in some cases, 3 months). http://www.immi.gov.au/Visas/Pages/155-157.aspx Resident Return visas I seem to be having difficulty conveying the fact that an RRV doesn't renew your PR but that's because your PR doesn't expire. All an RRV does is renew your right to enter Australia as a PR. Even if you can only get a 12 or 3 month RRV, you can use that to enter Australia and can stay forever if you like because you are still a PR and can apply for citizenship as soon as you meet the residence requirements for citizenship. If you wish, you can apply for a permanent visa after the 3 years instead of now but that assumes that you will still meet the requirements for the visa. There is no way of knowing what occupations will be on the SOL and no way of knowing what changes there will be in the requirements. As a doctor, you'll probably be OK but there really is no way of knowing for sure. Link to comment Share on other sites More sharing options...
oxymore Posted April 24, 2015 Author Share Posted April 24, 2015 Thanks for the reply, had a look at the website but there's not much info. Couldn't find anywhere even saying about the 2 years term! So if I say didn't fulfil the 2 years and got a 12 or 3 month RRV, i'm guessing I need to be in Australia for that time in order to renew it again or am I free to go in and out again like before? Is there anything to stop you just continuously renewing the RRV or do you need to have a minimum amount of time at some point in the country otherwise they'll stop renewing it? Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 24, 2015 Share Posted April 24, 2015 I can't add anything other than to say read the info available on RRV link thoroughly. I have no idea why you couldn't find reference to the 2 years or the conditions for getting shorter RRVs because it's all fully explained under Visa applicants > Who could get this visa? Link to comment Share on other sites More sharing options...
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