Jump to content

Do you have to stay in Oz for 2 years out of 5?


Recommended Posts

Hi all,

We have EOI's in for 189 on 65 points and 190 on 70 points (5 months ago).

IF we get an invite by the end of this year, we will need to travel to Oz within 12 months to get it all stamped etc., then will be returning to the UK to get sorted.

I have business interests back in the UK that could take 2 or 3 years to sort out, so was relying on having the 5 years of the visa to get all finished and move down to Oz before the 5 years deadline, so we had plenty of time to get affairs in order.

Problem is it seems once there, we won't be able to get a residents return visa unless we have spent 2 out of the last 5 years there.

So, just checking my understanding is correct please - as an extreme example if our application was accepted, we had this stamped 1 year later, moved to Oz 4 years after this, we could still move (just before the deadline), but then would be unable to leave (and return) until we had spent a further 2 years there.

Is that right?

Thanks everyone

Link to comment
Share on other sites

Not quite.

It is possible to get a RRV without the 2 years' residency IF you can demonstrate very strong ties to Australia.  So if you can show that you've sold up in the UK, bought a home in Australia and settled, got jobs, kids are in school etc, then there's a good chance you would get a RRV.  However, such cases are set aside for special consideration and can take several months to process.

Link to comment
Share on other sites

Thank you, so we might be able to get around it once set up, but should probably plan for the 2 years just in case. Of course if we get over there in 4 years time then could have a break before the 5 year cutoff, then there will only be 12 months to spend there to tick the 2 year box.

Thanks for your advice 🙂

Link to comment
Share on other sites

The requirement is 730 days in the five year period which is two years , the days as I understand do not have to be consecutive, if you are in Australia when you apply and do not meet the 730 days but can demonstrate on going commitment you will probably get a one year RRV initially if you haven’t met the 730 days already 

 

Link to comment
Share on other sites

1 hour ago, AdamStafford said:

Thank you, so we might be able to get around it once set up, but should probably plan for the 2 years just in case. Of course if we get over there in 4 years time then could have a break before the 5 year cutoff, then there will only be 12 months to spend there to tick the 2 year box.

Paul makes a good point, 6 years is a long way in the future in terms of immigration so I wouldn't be banking on it.

Why is staying in Australia for 2 years such a big problem?  If it's just holidays, there's plenty of places to go on holiday in Australia.   

Edited by Marisawright
Link to comment
Share on other sites

Thanks all. With no guarantee the visas will ever come, life is continuing here and I am currently getting involved in a new business venture, so just want to be clear ahead of time what my position will probably be in a few years time. With businesses back home I would not want to be "stuck" over there and not be able to return if needed, so just making sure I am understanding the technicalities as they currently stand.

Thanks again...

Link to comment
Share on other sites

On 05/02/2019 at 02:43, paulhand said:

The advice above is correct at the moment, but your question relates to a hypothetical situation six years in the future. Many things may have changed by then.

No kidding... they could put in motion something to auto strip anyone that leaves the country of their visa status. Dutton is all about automatic ways of taking away permanent residency and citizenship. Hopefully he's out soon.

Link to comment
Share on other sites

4 hours ago, Karstedt said:

No kidding... they could put in motion something to auto strip anyone that leaves the country of their visa status. Dutton is all about automatic ways of taking away permanent residency and citizenship. Hopefully he's out soon.

Good bloke Dutton, hope he's there for a very long time. Australia should do what UK does - your ILR expires after 2 years absence - none of this RRV stuff after you've been away 10 years. It's about time too they started putting no further stay restrictions on tourist visas with so many people deciding to lie about their intentions to stay, just rocking up on tourist visas and staying on bridging visas.

  • Like 3
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...