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Skilled Visa Question


Chopped Pork

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Hi, both myself and my partner have Skilled - Nominated (subclass 190) Visa's.

We haven't made the move to Oz yet, but my question is related to coming and going from and to Australia in terms of spending some months of the year in Oz and some in England.

The reason we are looking into this initially is due to ageing parents in the UK who we would like to be there for, along with business commitments.

We both understand that long term coming and going between the 2 would be expensive and impractical, but we weren't sure if there were any rules in place.

I have read somewhere that you need to show your commitment (understandably) to settling in Oz by spending a good chunk of your time there, would anyone know what those percentages or months of the year would need to be?

I appreciate anyone's help or comments.

Colin

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You can come and go as you please for the 5 years of your visa. After that you will need a Resident Return Visa (RRV) to keep your permanent residence alive. To be eligible for this you need to have spent a total of 2 years in the previous 5 years in Australia, as a permanent resident, or demonstrate that you have substantial ties to Australia which are of benefit to Australia. 

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1 hour ago, Chopped Pork said:

 

So what if you arrive towards the end of the 5 years, would you then need to stay for 2 years before you could even apply for a RRV and you wouldn't be able to leave?

To get the RRV automatically, you must meet the residency requirement.  However, if you don't meet the residency requirement, then it's still possible to get a RRV.   The vital thing is to prove that you have "strong ties of benefit to Australia".   

If you've bought a house in Australia, got a job, opened bank accounts and made other financial commitments, you've got very strong ties, even if you're not living here the whole year every year.  You could very likely apply for a RRV in June 2023 and you'd get one - though it may take several months to be approved and is more likely to be for just one year (and then you'll have to apply for another one).  

If, on the other hand, your main business and life is in the UK and your visits here are more like extended holidays, I'd say you'd be on shaky ground even if you do own a home here. 

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