Bvirador Posted January 28, 2022 Share Posted January 28, 2022 Hi Everyone, Hope all is well. Seeking for some clarifications please. If you are a NZ citizen who’ve been working/living in Australia from 2012 until Jan 2016 (4yrs) and went back to NZ until Dec 2019 then back in Australia (2yrs now in OZ); will you be eligible to apply for visa 189 - NZ Stream by Dec 2024 (5 years after from the latest entry which is Dec 2019) or you can already apply at this stage if you are counting 5 years of stay in Australia from 2012 until Jan 2016 plus Dec 2019 up to date? Or you should apply for visa 189 - NZ Skilled Independent Stream just because you entered back in OZ on 2019? Average range of annual income from 2016 to date is 75k-90k. Also, with the below clause, kindly please help to clarify. A bit confuse if the first entry in OZ on 2012 until 2016 as resident for tax purpose is applicable to the below clause? Or the date of usual residency shall start on the latest entry which is 2019 (in this case, won’t be eligible for visa 189 NZ stream)? “You must have been usually resident in Australia for a continuous period of five years immediately prior to application, and have commenced that period of usual residence on or before 19 February 2016.” Thank you so much for your responses. Cheers! Quote Link to comment Share on other sites More sharing options...
paulhand Posted January 28, 2022 Share Posted January 28, 2022 4 hours ago, Bvirador said: You must have been usually resident in Australia for a continuous period of five years immediately prior to application, and have commenced that period of usual residence on or before 19 February 2016. 'AND' is the key here ... Quote Link to comment Share on other sites More sharing options...
Bvirador Posted January 28, 2022 Author Share Posted January 28, 2022 (edited) Can you please explain what “And” means in this context? Would that mean they need to be both at the same time? First entry as resident on 2012, stayed until Jan 2016. Back in Australia on Dec 2019. That is noted that I should only be able to apply on Dec 2024 to cover the 5yrs continuous requirement. So the other question is, am I eligible to apply if I have been away from Jan 2016 until Dec 2019? I am thinking I should be eligible if we are basing the second requirement ‘‘usual residence on or before 19Feb2016’’ to my first entry on 2012. Edited January 28, 2022 by Bvirador Quote Link to comment Share on other sites More sharing options...
GrandpaGrumble Posted February 1, 2022 Share Posted February 1, 2022 On 29/01/2022 at 00:06, Bvirador said: “You must have been usually resident in Australia for a continuous period of five years immediately prior to application, and have commenced that period of usual residence on or before 19 February 2016.” Since 19 February 2016 is more than 5 years ago, your current period of usual residency needs to have started before that date if you are to be eligible. However, that "usual" is another key word. You don't necessarily need to be resident in order to be usually resident. I'd have thought that a gap of nearly 4 years (Jan 2016 to Dec 2019) would be pushing it, but that's where a good migration agent would be able to advise. 1 Quote Link to comment Share on other sites More sharing options...
Bvirador Posted February 1, 2022 Author Share Posted February 1, 2022 Thanks GranpaGrumble.. Will do check with migration agent.. cheers! Quote Link to comment Share on other sites More sharing options...
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