Travel after landing in Oz -resident return

[SteveJ]

I have a possibly confusing question that's nagging me.

First this is what I think is the case

 

on the grant of a 189 PR visa the validity is 5 years having to be validated within time stated on issuing letter.

 

To to qualify for a 5 year resident return 155 visa you must have spent 2 of last 5 years in Australia as PR.

 

If you do not satisfy the 2 years residence but have stayed at least 1 day and have compelling reasons to leave and return for example funeral of relative then you can get a 3 month 157 visa.

 

Other than this you cannot return if you leave after the 189 visa has expired

 

so if I was to be granted a 189 visa for example jan 2015 it would expire jan 2020. If I didn't settle in oz till jan 2019 when the 189 visa expires I would only have 1 year residence and therefore could not leave and return unless for exceptional circumstances on a 157. So no travel for work or holidays for a year (until jan 2021 when I have residence of 2 years to apply for 155 visa)as I would have no valid visa to return on.

 

Is is this correct or am I missing something?

[verystormy]

There is some discretion, though it seems to be with the granting of a first RRV. I think they would be a lot stricter with a second request as you would have had more than enough opportunity to settle in Oz. A limited number of visas are available and it is only reasonable that people are prioritized who want to settle in Oz.

 

If you are really unsure if the move is for you then I would recommend you have a hard think before spending a lot of money and going through a fairly stressful process.

[SteveJ]

We are very sure this is the right move for us but to achieve our goal we need to pursue the visa before main applicants age falls outside the 25-32 points group. My partner will be the main applicant and will get 65 points with 8's in IELTS. We were originally looking at a 190 State sponsorship but this now requires a job offer which we don't have and is virtually impossible without already having a visa and being in oz. I however am not going to be ready to move for approx 3years due to currently completing a degree so we are in a little gap. It will not really be a massive issue if we move in say 4 years and can't get a RRV for 2 years but I think you should always now all the facts. After all you don't want to land book a holiday after 18 months to somewhere and find you can't get your visa to comeback to oz as PR.

[verystormy]

Sorry if I was a little abrupt Steve - long day yesterday.

 

Basically, once you are granted you have 12 months from date of medical / police check being submitted to enter Oz. You can just come for a day if necessary, but it must be activated in that period. You then have 4 years to make the move.

 

If you do not make the move in that time, then you would need a RRV to come. That is a situation you don't want to be in as you may not qualify for a RRV if all you have don't is activate it. There can offer some discretion but only to a point.

 

If you will be able to move in about 3 years from now, you should be fine. Though it would mean I would recommend not leaving Oz even for a holiday for at least the first year or so.

[SteveJ]

That's pretty much what I though. In order to maintain the freedom to travel in and out including for work if overseas business trips are required. I need to move over with two years remaining on the 189.

[verystormy]

If you are going to be making a lot of international business trip ongoing then my advice would be to make the move as soon as you get the grant. To save having to get a RRV when you go away on business / holidays. Though as long as you have been living in Oz for two years when the PR expires getting a RRV would be an formality.

 

Do be aware of the rules for citizenship regarding being out of the country though. I was lucky as I technically failed the test for the maximum time out of Oz as I work in Africa. But they granted it. But it was a nervous time.