Stephan123 Posted April 22, 2020 Share Posted April 22, 2020 Hi All, I am having a hard time finding information on my rights and obligations after the 190 skilled migration Visa has been granted. 1. I will get a letter with a initial entry date, depending on the validity of my medical exam. --> So I can leave time up to 6-12 months to first enter Australia? 2. I apply for a NSW visa, which says I have to live and work in the state for the first two years. --> could I live and work outside of Australia during that time? Does the counter start from zero when first entering the country or from granting the visa? 3. I seem to be able to leave/re-enter Australia without limitations during the first 5 years. After that I need to get a visa for re-entering. It seems this will easily be granted if you lived/worked around 2 out of the 5 years in Australia. --> Anyone has infos on that? The background of my questions is that I will be travelling (backpacking probably) while waiting on my visa. So I would like to be a bit flexible when receiving the visa (if!!!) and not sit at home and wait for 9 months for an uncertain outcome. Any advice is highly appreciated!!! Cheers, Stephan Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted April 22, 2020 Share Posted April 22, 2020 Considering the current situation, your focus should be on actually obtaining the subclass 190 visa as this is not easy or guaranteed, especially for NSW. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted April 22, 2020 Share Posted April 22, 2020 11 hours ago, Stephan123 said: 1. I will get a letter with a initial entry date, depending on the validity of my medical exam. --> So I can leave time up to 6-12 months to first enter Australia? 2. I apply for a NSW visa, which says I have to live and work in the state for the first two years. --> could I live and work outside of Australia during that time? Does the counter start from zero when first entering the country or from granting the visa? 3. I seem to be able to leave/re-enter Australia without limitations during the first 5 years. After that I need to get a visa for re-entering. It seems this will easily be granted if you lived/worked around 2 out of the 5 years in Australia. At what stage is your visa application? The visa application process is competitive and just because you applied, does not mean you will get a visa. The states are not awarding many 190 visas any more, because they are fed up of people getting the visa and then not settling permanently. You must arrive before the initial entry date to activate your visa. Thta is when the "counter" starts. Once you've done that, you are free to come and go as often as you please for the first 5 years. When you apply for the 190, you promise to live in that state, but there is nothing to stop you leaving to go on vacations (even long ones). After your first 5 years, your initial travel facility expires and you must apply for a RRV (resident return visa). If you are living in Australia at that time, with a permanent address and a job, you should get one without difficulty (even if you haven't spent the required 2 years out of 5 in Australia). However if you are living outside Australia, you run the risk of being refused. 1 Quote Link to comment Share on other sites More sharing options...
Alan2020 Posted April 23, 2020 Share Posted April 23, 2020 3 hours ago, Raul Senise said: Considering the current situation, your focus should be on actually obtaining the subclass 190 visa as this is not easy or guaranteed, especially for NSW. HI Raul, Hope you are well. I need your advice... For me, I received the invite for 190 VISA in Nov 2019 and I have already submitted my PR application on 1st of Feb 2020. So do you think we too have a risk of getting the PR due to the current situation. Thank you Stay safe! Alan Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted April 23, 2020 Share Posted April 23, 2020 Hi Alan, At the moment processing of visa applications (especially off shore applications) has become very erratic. It is possible that the processing of your visa application will be slow due to the current covid19 crisis. It is early days yet, so only time will tell. Good luck. Quote Link to comment Share on other sites More sharing options...
Alan2020 Posted April 23, 2020 Share Posted April 23, 2020 10 minutes ago, Raul Senise said: Hi Alan, At the moment processing of visa applications (especially off shore applications) has become very erratic. It is possible that the processing of your visa application will be slow due to the current covid19 crisis. It is early days yet, so only time will tell. Good luck. Hi Raul, Thanks a lot. Much appreciated. Kind Regards, Alan Quote Link to comment Share on other sites More sharing options...
Stephan123 Posted April 25, 2020 Author Share Posted April 25, 2020 On 23/04/2020 at 01:31, Marisawright said: At what stage is your visa application? The visa application process is competitive and just because you applied, does not mean you will get a visa. The states are not awarding many 190 visas any more, because they are fed up of people getting the visa and then not settling permanently. You must arrive before the initial entry date to activate your visa. Thta is when the "counter" starts. Once you've done that, you are free to come and go as often as you please for the first 5 years. When you apply for the 190, you promise to live in that state, but there is nothing to stop you leaving to go on vacations (even long ones). After your first 5 years, your initial travel facility expires and you must apply for a RRV (resident return visa). If you are living in Australia at that time, with a permanent address and a job, you should get one without difficulty (even if you haven't spent the required 2 years out of 5 in Australia). However if you are living outside Australia, you run the risk of being refused. Hi Marisa, thanks for the extensive answer, much appreciated!! I was about to lodge my EoI with NSW, having everything else ready (skills assessed, bachelor degree, english test, etc.) I totally plan to move and work in NSW, just planned a longer trip / travel in advance. I am also fully aware of the competitive nature of the visa and that the chances are not super high to get one. But still want to know all technicalities when it comes to residence, tax, travel, ... There seems to be loads of information on "before applying", but not the other way around. --> So after the intial entry date: are you obliged to have a permament adress in NSW/Australia? Or to enroll as a tax payer?(wether you have to pay taxes or not) Or to be employed? What is the exact definition there? Thanks again! Stephan Quote Link to comment Share on other sites More sharing options...
paulhand Posted April 25, 2020 Share Posted April 25, 2020 4 hours ago, Stephan123 said: > So after the intial entry date: are you obliged to have a permament adress in NSW/Australia? Or to enroll as a tax payer?(wether you have to pay taxes or not) Or to be employed? What is the exact definition there? You sign a commitment statement to NSW, which states you will live and work in NSW for 2 years after arriving in Australia. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted April 26, 2020 Share Posted April 26, 2020 (edited) 14 hours ago, Stephan123 said: --> So after the intial entry date: are you obliged to have a permament adress in NSW/Australia? Or to enroll as a tax payer?(wether you have to pay taxes or not) Or to be employed? What is the exact definition there? You have to live and work in NSW for 2 years, and they may ask for evidence that you've done so. So yes, you would have to enrol as a taxpayer because it's illegal to work in Australia unless you enrol. Even if you're not earning enough to pay tax, you must be enrolled. I think there comes a point where you have to decide whether you really want to emigrate to Australia or not. If it's important to you, then you'll buckle down and do your two years. You can always go travelling again after that. Edited April 26, 2020 by Marisawright 2 Quote Link to comment Share on other sites More sharing options...
Stephan123 Posted April 27, 2020 Author Share Posted April 27, 2020 Thanks Marisa, got it! Quote Link to comment Share on other sites More sharing options...
Lavers Posted April 27, 2020 Share Posted April 27, 2020 Just to add to the chat...I think the 5yrs starts from when you are granted your visa, not from when you arrive. I got my Visa granted 31st Dec 2019....1st entry arrive by 31st Dec 2020 and must not arrive after 31st Dec 2024. Although your 2 yrs would start when you 1st arrive. Quote Link to comment Share on other sites More sharing options...
sazid.au Posted May 6, 2020 Share Posted May 6, 2020 On 23/04/2020 at 08:50, Raul Senise said: Hi Alan, At the moment processing of visa applications (especially off shore applications) has become very erratic. It is possible that the processing of your visa application will be slow due to the current covid19 crisis. It is early days yet, so only time will tell. Good luck. Hi Raul, My application is offshore but I am residing onshore now. it’s been 7 months but I haven’t heard anything. I had to go offshore to satisfy schedule 3 due to having BVA. So do you think my application will be held due to Covid-19 situation even though I am residing in Australia now? Quote Link to comment Share on other sites More sharing options...
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