duno Posted November 16, 2015 Share Posted November 16, 2015 Hi all, I've been a member of this forum website, but I am not a forumer, so to speak. I have a few questions regarding the rights of 189 Visa holder. I apologise if this question has been asked before as I am not sure how to search the forum. Long story short, I have applied and paid for 189 visa and is now waiting for a decision. I intend to migrate in 2016. I have read the DIBP 189 visa page countless times to make sure I am eligible. One point I do not quite understand is the following rights for visa applicant: Stay in Australia indefinitely Travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia). My confusion is, point 1 says that I can stay in Australia for as long as I like, yet point 2 says that after 5 years, I need a RRV or another visa to return to Australia. What I understand is, if I had stayed in Australia for 6 years, I can still legally stay and work. If I then decided that I want to return to my home country, I would need a new visa to go back to Australia. Is that right? So after 5 years, what kind of visa do I need to return to Australia? Do I have to reapply (and *gasp* pay for) another 189 again? I intend to bring my GF to Australia as well as 189 allows me to sponsor a partner. If we got married before she migrates (and after I am granted the visa), do I have to apply for sponsorship for her or will she receive a visa automatically (since she is marrying to a PR)? I am sorry for the long post. I have too many questions regarding this visa since I am applying myself without any help. Thank you! Link to comment Share on other sites More sharing options...
Marisawright Posted November 16, 2015 Share Posted November 16, 2015 Long story short, I have applied and paid for 189 visa and is now waiting for a decision. I intend to migrate in 2016. I have read the DIBP 189 visa page countless times to make sure I am eligible. One point I do not quite understand is the following rights for visa applicant: Stay in Australia indefinitely Travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia). My confusion is, point 1 says that I can stay in Australia for as long as I like, yet point 2 says that after 5 years, I need a RRV or another visa to return to Australia. Don't panic, it's not as bad as it sounds! The point of condition 2 is that they don't want people getting PR with no real intention of settling in Australia. For instance, someone from an unsettled country who doesn't really want to leave their homeland, could apply for PR "just in case", fly over to Australia to activate their visa, then go home again! So, what the 189 visa means is that you can stay in Australia forever, provided you don't leave for too long - holidays are fine though! After the 5 years is up, you just need to apply to get a stamp in your passport to give you a Right of Return. A better idea, actually, is to get citizenship before then - that way you don't have to bother about RRV's ever again (and you can keep your British citizenship too so you're not losing anything). Assuming you didn't put your girlfriend on your visa application as your de facto, then no she won't get automatic entry as far as I'm aware. Link to comment Share on other sites More sharing options...
duno Posted November 16, 2015 Author Share Posted November 16, 2015 Don't panic, it's not as bad as it sounds! The point of condition 2 is that they don't want people getting PR with no real intention of settling in Australia. For instance, someone from an unsettled country who doesn't really want to leave their homeland, could apply for PR "just in case", fly over to Australia to activate their visa, then go home again! So, what the 189 visa means is that you can stay in Australia forever, provided you don't leave for too long - holidays are fine though! After the 5 years is up, you just need to apply to get a stamp in your passport to give you a Right of Return. A better idea, actually, is to get citizenship before then - that way you don't have to bother about RRV's ever again (and you can keep your British citizenship too so you're not losing anything). Assuming you didn't put your girlfriend on your visa application as your de facto, then no she won't get automatic entry as far as I'm aware. Thank you very much for the quick reply. That answered all my questions! I'm not from the British though. I doubt Malaysia allows me to hold dual citizenship but well, I'll be happy to live in Australia for maybe 5-10 years before going back to my home country (my aging parents are here). Yes, I didn't put her as De facto so she will have to go through the partner visa application unfortunately. Our relationship is a bit... complicated. Technically we are not in de facto relationship since we don't stay together all the time. We do see each other a lot and we've been dating for 7+ years. Link to comment Share on other sites More sharing options...
Ken Posted November 16, 2015 Share Posted November 16, 2015 Once the travel visa attached to your PR visa has expired you will need an RRV to enter Australia (even if you've only gone for a short holiday). Provided you've been in Australia for 2 years out of the previous 5 years the granting of a 5 year RRV is automatic (and normally issued within 24 hours of the online application) so no dramas. You can have as many 5 year RRVs as you like (provided you've been in Australia for at least 2 of the previous 5 years each time). If you don't meet the residency requirement there are some shorter period RRVs available if you can show some tie to Australia. RRVs are however only required if you're going to enter Australia. If you're going to remain in Australia you don't need to apply for anything as PR is permanent - but don't go breaking the law as the Australians have take to cancelling PR visas for holders who've been sentenced to more than 12 months in jail! Link to comment Share on other sites More sharing options...
duno Posted November 16, 2015 Author Share Posted November 16, 2015 Once the travel visa attached to your PR visa has expired you will need an RRV to enter Australia (even if you've only gone for a short holiday). Provided you've been in Australia for 2 years out of the previous 5 years the granting of a 5 year RRV is automatic (and normally issued within 24 hours of the online application) so no dramas. You can have as many 5 year RRVs as you like (provided you've been in Australia for at least 2 of the previous 5 years each time). If you don't meet the residency requirement there are some shorter period RRVs available if you can show some tie to Australia. RRVs are however only required if you're going to enter Australia. If you're going to remain in Australia you don't need to apply for anything as PR is permanent - but don't go breaking the law as the Australians have take to cancelling PR visas for holders who've been sentenced to more than 12 months in jail! Hmm, so what you're saying is, I can leave Australia every 2 years (minimum) indefinitely (well, not necessary need to be literally indefinitely, but as said, 10 years would be adequate) without having to manually apply for a RRV? That's great, but I don't remember seeing this in any information I've found though. If I sponsor my spouse, will her visa have similar rights? Thanks! Link to comment Share on other sites More sharing options...
Marisawright Posted November 16, 2015 Share Posted November 16, 2015 I'm not from the British though. I doubt Malaysia allows me to hold dual citizenship but well, I'll be happy to live in Australia for maybe 5-10 years before going back to my home country (my aging parents are here). ...Our relationship is a bit... complicated. Technically we are not in de facto relationship since we don't stay together all the time. We do see each other a lot and we've been dating for 7+ years. If you are intending to return to your home country after 5-10 years to care for aging parents, then you definitely need to apply for citizenship before you go. You will get a RRV automatically after 5 years, BUT then you will need to keep renewing it - and you have to show 2 years' residency out of 5 every single time. It's why I took citizenship as soon as possible - I was always worried that one of my parents would get sick, I'd have to go back to take care of them and be unable to return. I wonder if it would be worth consulting a good migration agent (we have several here on the forums), to see whether you are technically de facto or not? It is not always essential to have lived together, if you can provide evidence of a long-standing shared relationship. Link to comment Share on other sites More sharing options...
Marisawright Posted November 16, 2015 Share Posted November 16, 2015 Hmm, so what you're saying is, I can leave Australia every 2 years (minimum) indefinitely (well, not necessary need to be literally indefinitely, but as said, 10 years would be adequate) without having to manually apply for a RRV? That's great, but I don't remember seeing this in any information I've found though. If I sponsor my spouse, will her visa have similar rights? Thanks! No. You can leave Australia two days after you arrive, if you like! You have a travel visa on your PR visa which means you can go anywhere you like. Once that's expired at the end of 5 years, you can't leave the country, even for a day, without a RRV - otherwise you will not be allowed back into the country. You must apply for the RRV before you travel, and you must have spent at least 2 years out of the previous 5 years in Australia, otherwise it won't be granted. Link to comment Share on other sites More sharing options...
duno Posted November 16, 2015 Author Share Posted November 16, 2015 No. You can leave Australia two days after you arrive, if you like! You have a travel visa on your PR visa which means you can go anywhere you like. Once that's expired at the end of 5 years, you can't leave the country, even for a day, without a RRV - otherwise you will not be allowed back into the country. You must apply for the RRV before you travel, and you must have spent at least 2 years out of the previous 5 years in Australia, otherwise it won't be granted. Thank you! That really clears up a lot. I have already submitted my visa application, but IIRC I can still provide updates before the visa grant. If you could kindly link me to a migration agent, I will be very grateful. The de facto relationship is another thing I'm worried DIBP will say I provided false information so to be safe I didn't put it in my application. Link to comment Share on other sites More sharing options...
Marisawright Posted November 16, 2015 Share Posted November 16, 2015 I have already submitted my visa application, but IIRC I can still provide updates before the visa grant. If you could kindly link me to a migration agent, I will be very grateful. The de facto relationship is another thing I'm worried DIBP will say I provided false information so to be safe I didn't put it in my application. You can use any agent but be sure that they're MARA registered to be sure they are reputable. On these forums you could talk to @wrussell or @Alan Collett or @Raul Senise The thing that's worrying me is that if you're going to wait till you're married before applying, a spouse visa will take 10-14 months to be approved. So it's a great pity you were not able to include her on your application. A talk with an agent will clarify whether you have any options. Link to comment Share on other sites More sharing options...
duno Posted November 16, 2015 Author Share Posted November 16, 2015 You can use any agent but be sure that they're MARA registered to be sure they are reputable. On these forums you could talk to @wrussell or @Alan Collett or @Raul Senise The thing that's worrying me is that if you're going to wait till you're married before applying, a spouse visa will take 10-14 months to be approved. So it's a great pity you were not able to include her on your application. A talk with an agent will clarify whether you have any options. Well, that's indeed worrying. I should have sought advice when applying. I read that I can still provide more information or correction before visa is granted, so I hope I am still able to include her now? I'll contact one of the agents for help. Link to comment Share on other sites More sharing options...
Ken Posted November 16, 2015 Share Posted November 16, 2015 Hmm, so what you're saying is, I can leave Australia every 2 years (minimum) indefinitely (well, not necessary need to be literally indefinitely, but as said, 10 years would be adequate) without having to manually apply for a RRV? That's great, but I don't remember seeing this in any information I've found though. If I sponsor my spouse, will her visa have similar rights? Thanks! No, that's not what I said. You do need to apply manually for an RRV if you want to enter Australia after the 5 year travel period of your Visa has expired. If you've lived in Australia for 2 years (doesn't have to be continuous but any period or periods that adds up to the right number of days) in the 5 years before applying for your RRV then the approval of your RRV is automatic (but you still have to apply via an online application) and will normally be granted within 24 hours (sometimes much less). If you don't leave Australia at all then you'll never need an RRV - but you'll need the RRV to enter Australia. You can keep your PR indefinitely whilst spending 3 out of every 5 years outside of Australia if you want to. There are no restrictions on the number of times or the period between you leave and enter Australia during the 5 year validity of your visa - but as I've said you won't be able to get a new 5 year RRV if the time you've been in Australia in the previous 5 years adds up to less than 2 years. If your spouse is granted PR then her visa will have the same rights. Link to comment Share on other sites More sharing options...
duno Posted November 17, 2015 Author Share Posted November 17, 2015 No, that's not what I said. You do need to apply manually for an RRV if you want to enter Australia after the 5 year travel period of your Visa has expired. If you've lived in Australia for 2 years (doesn't have to be continuous but any period or periods that adds up to the right number of days) in the 5 years before applying for your RRV then the approval of your RRV is automatic (but you still have to apply via an online application) and will normally be granted within 24 hours (sometimes much less). If you don't leave Australia at all then you'll never need an RRV - but you'll need the RRV to enter Australia. You can keep your PR indefinitely whilst spending 3 out of every 5 years outside of Australia if you want to. There are no restrictions on the number of times or the period between you leave and enter Australia during the 5 year validity of your visa - but as I've said you won't be able to get a new 5 year RRV if the time you've been in Australia in the previous 5 years adds up to less than 2 years. If your spouse is granted PR then her visa will have the same rights. Ah, I see. Thanks for clearing up! I will keep note of this in the future. You guys and girls are great! :hug: Link to comment Share on other sites More sharing options...
duno Posted November 17, 2015 Author Share Posted November 17, 2015 You can use any agent but be sure that they're MARA registered to be sure they are reputable. On these forums you could talk to @wrussell or @Alan Collett or @Raul Senise The thing that's worrying me is that if you're going to wait till you're married before applying, a spouse visa will take 10-14 months to be approved. So it's a great pity you were not able to include her on your application. A talk with an agent will clarify whether you have any options. Do you know what type of evidence will DIBP usually request to prove a de facto relationship? I am thinking of putting in a de facto, hoping for the best that I might be able to convince them. Worst comes to worst, if I couldn't prove it, will my application be rejected downright due to misleading or false information? (Well, technically it is not misleading or false since I do not know exactly what constitutes to a "de facto" relationship. Some people say that living together is not the only factor, yet some say it is.) Link to comment Share on other sites More sharing options...
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