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190 Expiry and Resident Return Visa


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Folks,

 

Dire need of your help to clear my confusion about RRV after 190 expiry. I am really worried about my PR visa.

 

Some brief detail about my scenario:

 

I was granted 190 in march 2013, I made my initial entry in Oct 2013 and then came back to my home country. After that I never traveled back to Aus. Now my 190 is expiring in March 2018.

 

Questions:

 

1. What happens when your 190 visa gets expired? Do they renew it? or you have to get RRV?

 

2. RRV has a condition that you must stay in Aus for last 2 years. Would I be able to get RRV?

 

3. Is there any requirement with 190 visa that you have to enter Aus before 1 or 2 year of visa expiry?

 

3. What should I do to keep my PR valid for 190? I can't travel until next Feb/Mar 2017.

 

Really appreciate for your valuable comments. fingerscrossed.gif

 

Thanks.

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I hold a 175 visa, and I'm assuming that the conditions are similar on a 190. I'm not an expert, but I have been through the process of getting a Resident's Return Visa in the last week.

 

To answer your questions:

 

(1) The main thing to bear in mind is that the visa grants residence rights, and a travel facility. If you've moved to Australia before March 2018, then you can remain there for as long as you want legally. There's no need to renew it.

 

However, in March 2018 you lose the travel facility. If you're in Australia, and not planning on heading overseas, then you don't need to worry. But if you leave the country, you'll need to get a Resident Return Visa (RRV) to get back in.

 

I'm not sure what happens if you don't emigrate to Australia before March 2018. I'd assume you lose the PR visa, and would have to reapply.

 

I've been in Australia since January 2015. The travel facility on my visa lapsed in February 2015, but the residency rights on it remained in force, so I've been allowed to stay here legally.

 

(2) The RRV extends the travel facility on your original visa. The two years residence is used to calculate how long it will be valid for:

 

  • If you've been in Australia for at least two of the last five years, then you'll be granted a five year RRV.
  • If you've been in Australia for less than two years, but have proof of ties to the country, then you'll be granted a one year RRV.
  • If you've been in Australia for less than two years, and have no proof of ties, then you might get a three month RRV. It's also possible this might be granted if you haven't emigrated, but only if there are compelling and compassionate grounds for doing so.

 

I've been in Australia for about 20 months, and was granted a one year RRV this week. That'll cover me for the next year, and I should qualify for citizenship in early 2018.

 

(3) It's fine to enter Australia a few days before the visa expires. I think that there was about three weeks left on mine when I emigrated here.

 

(4) You don't need to do anything. However, it might be tricky to get a RRV if you want to travel overseas until late 2018 or early 2019.

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