Does the 189 independent skilled PR visa still restrict to 12 months outside of Australia?

[martyfenwick]

I am planning on moving back to the UK with my family in May for a period of 6-7 months, returning to WA in January next year.

 

I was granted a 189 independent skilled permanent residency visa early 2016 and I entered Australia in April of the same year. I recall there being a condition in the visa where I could only be outside Australia for up to a maximum of 12 months (cumulative) over the validity period of the 189 visa - however, I can no longer find this condition on the official site - https://www.border.gov.au/Trav/Visa-1/189-

 

Can anyone in the know advise me on the conditions of my visa now and if there is a 12 months restriction? I can't for the life of me find it on the website. Can anyone point me in the direction of this restriction?

 

The goal of my family is to gain citizenship which I understand requires 4 years residency in Australia, but we need time back in the UK to see family and make further longer-term arrangements.

 

I am planning on contacting the Immigration office in Brisbane, but I fear they won't reply or the lead time will be weeks or months away. I emailed them when my visa application was close to completion and I rarely received a response.

[VERYSTORMY]

There is no condition on the visa, other than the travel portion expiring after 5 years, but that should not impact you. You may be thinking of the conditions for citizenship. One of which is that you have not been out of the country for more than 12 months in total in the 4 years preceding application for citizenship. This may have an impact on you, depending on any further time spent out of the country in the coming years. However, all it does is put back the date you are eligible to apply by the period of time you are over the 12 months

[rammygirl]

No such condition on the 189. You have 5 years from grant where you can travel in and out of Australia without restriction. Once that 5 year period is up then you can remain in Australia indefinitely. If you wish to leave and return after this you will need either an RRV ( resident return visa) or citizenship to re enter Australia.

 

Both RRVs and Citizenship have residence requirements and it is this you could be thinking of. It is worth checking to ensure you do not fall foul of the rules.

 

To get a 5 year RRV you need to have spent a total of two years in the last 5 in Australia, shorter RRVs are available if you do not meet this criteria.

 

Of course if you return before the 5 years you do not need to worry too much.

[martyfenwick]

There is no condition on the visa, other than the travel portion expiring after 5 years, but that should not impact you. You may be thinking of the conditions for citizenship. One of which is that you have not been out of the country for more than 12 months in total in the 4 years preceding application for citizenship. This may have an impact on you, depending on any further time spent out of the country in the coming years. However, all it does is put back the date you are eligible to apply by the period of time you are over the 12 months

 

Thanks for this reply. This is good news, so as I understand it this means I can leave Australia for a total of 12 months over the 4 years and will still be eligible to sit my citizenship test in April 2020 (based on my initial entry to Australia in April 2016)?

 

Also, on a similar note - my wife and daughter are on my visa so I'm 2020 would it only be myself that would need o sit the citizenship test or would my wife need to do it also?

[martyfenwick]

No such condition on the 189. You have 5 years from grant where you can travel in and out of Australia without restriction. Once that 5 year period is up then you can remain in Australia indefinitely. If you wish to leave and return after this you will need either an RRV ( resident return visa) or citizenship to re enter Australia.

 

Both RRVs and Citizenship have residence requirements and it is this you could be thinking of. It is worth checking to ensure you do not fall foul of the rules.

 

To get a 5 year RRV you need to have spent a total of two years in the last 5 in Australia, shorter RRVs are available if you do not meet this criteria.

 

Of course if you return before the 5 years you do not need to worry too much.

 

thanks. The focus is really on gaining citizenship and getting a hold of a passport. Do you have a link to where I can read more about the 4 year/12 month outside Australia thing. This is encouring so I'm hoping to have this confirmed.

[Nemesis]

Thanks for this reply. This is good news, so as I understand it this means I can leave Australia for a total of 12 months over the 4 years and will still be eligible to sit my citizenship test in April 2020 (based on my initial entry to Australia in April 2016)?

 

Also, on a similar note - my wife and daughter are on my visa so I'm 2020 would it only be myself that would need o sit the citizenship test or would my wife need to do it also?

 

Your wife and daughter have their own visas now(even though they were listed as your dependents on the originalapplication) and your wife will have to make an independent application for citizenship. Dependin gon what age your daughter is when you apply she might be able to go on your application.

 

http://www.border.gov.au/Trav/Citi has all the details for citizenship.

[martyfenwick]

Your wife and daughter have their own visas now(even though they were listed as your dependents on the originalapplication) and your wife will have to make an independent application for citizenship. Dependin gon what age your daughter is when you apply she might be able to go on your application.

 

http://www.border.gov.au/Trav/Citi has all the details for citizenship.

 

Thanks for the info.