come and go rules

[Chopped Pork]

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?

 

Also for clarity our visa's expires in June 2023.

 

One other question, would we be able to go to NZ on our Oz visa's?

 

I appreciate anyone's help or comments.

[DXW059]

See below re your question about NZ.

 

https://www.immigration.govt.nz/new-zealand-visas/apply-for-a-visa/about-visa/australian-resident-visa

[Marisawright]

4 hours ago, Chopped Pork said:

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.

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?

 

First of all, I'm sure you know there are border restrictions in place currently.  So if you move to Australia now, you will need special permission to leave again, and will need an extremely good reason.  Visits to parents aren't considered a good enough reason and nor are family christenings, weddings or even funerals.   That restriction is likely to be in place for the rest of this year.

However, let's look at what the rules will be once things are back to "normal":

Your 190 visa doesn't expire.  If you move to Australia today and never leave the country again, your visa will stay active until you die.  It's your ability to enter Australia (the "travel facility") that expires. Unless you become a citizen, you'll need to renew it every 5 years.

That may sound trivial, but it's not.  If you move to Australia today, let your travel facility expire in June 2023, and then pop overseas for a holiday or to visit your folks, they won't let you back in the country.  You'll be stranded overseas until you can manage to get the travel facility renewed.  If you can't satisfy the requirements, they can even refuse to renew it altogether and you'll be stuck. Your 190 visa will effectively be useless.  So you see how important it is.

So, it's vital to apply for a renewal of your travel facility when it expires in June 2023, and that's when "time spent in Australia" will become important.  The renewal is called a Resident Return Visa.  To get one under the normal arrangements, you must have spent 2 years out of the last 5 in Australia.  As it's already 2021 and you havent moved yet, it's probably going to be impossible to meet that requirement. So your application will have to include information to prove that you have "strong ties" to Australia, and then it will be up to Immigration whether they approve it.  In practice, if you have an established home in Australia, jobs and bank accounts etc, you're not likely to get refused.  

With a 190 visa, you can live and work in New Zealand - but note, time spent in New Zealand won't count towards your RRV.  If you decide to make a home in NZ instead, then you won't be able to prove "strong ties" to Australia.

Edited March 12, 2021 by Marisawright

[rammygirl]

Your visa only has a 5 year travel validity (from grant) after this time you lose the ability to re enter Australia.  Once this happens you will need to obtain a residents return visa as Marissa said.  If you do not meet the 2 years in the last 5 rule then you only get a 1 year RRV.

Citizenship is the only way to be able to ensure re entry to Australia long term and that requires residency too.

I assume you made your validation trip? 

[VERYSTORMY]

It may also have an impact on the ability to apply for citizenship down the line. As to apply for citizenship, you must not have spent more than a total of 12 months outside of Australia and no more than 90 days in the year prior to applying 

[Chopped Pork]

thankyou all for the info and yes rammygirl we already made the validation trip.