[khh]

Hi, appreciate if someone could shed some light on my questions.

I plan to make first entry for my Visa 190 in April 2018. I suppose my PR will valid for 5 years till April 2023. However, I may not be able to move to Australia permanently until either December 2020 or December 2022.

If I make a move in December 2020, I believe there won't be much problem as I will spend 2 years' time in Australia before my PR visa expires in April 2023.

However, if I make a move in Dec 2022, my concerns are:

1) Will I be able to get my PR renewed when it expires in April 2023 which is just few months away from the date I move to Australia?

2) Do I need to have a job in hand when renewing the PR because I'm not sure if I can get a job fast enough between December 2022 and April 2023?

On a separate note, can I do my own small business in Australia that is non-related to my profession instead of working in my nominated profession under Visa 190? Again, can I get my PR renewed in future if I do so?

Thank you in advance for everyone's help.

 

[Maggie-May24]

You don't need to get your PR renewed, it's permanent just like the name suggests. But the travel/entry rights on it expire after 5 years so if you want to leave Australia even if just for a holiday, you need to get a Resident Return Visa which will extend the travel/entry rights. The length of the granted RRV will depend on how long you've lived in Australia - if more than 2 years when you apply, then you'll get a 5-year RRV. If less than 2 years, then you'd likely only get a 1-year RRV. You can continue to get more RRVs as needed until you become a citizen.

When you hold a 190 visa, you can work (or not if you choose) in any occupation you want. So you can work in your nominated profession, you can sell ice cream on the beach or you can simply relax and enjoy the sunshine (until your money runs out of course).

 

[rahulreshu]

I plan to make first entry for my Visa 190 in April 2018. I suppose my PR will valid for 5 years till April 2023.

Has your PR already been granted? Note that the 5 years start from the date the PR is granted. So, if you were granted your PR in, say, Jan 2018, it would be valid until Jan 2023 even though you might make your first entry in April 2018.

 

[khh]

You don't need to get your PR renewed, it's permanent just like the name suggests. But the travel/entry rights on it expire after 5 years so if you want to leave Australia even if just for a holiday, you need to get a Resident Return Visa which will extend the travel/entry rights. The length of the granted RRV will depend on how long you've lived in Australia - if more than 2 years when you apply, then you'll get a 5-year RRV. If less than 2 years, then you'd likely only get a 1-year RRV. You can continue to get more RRVs as needed until you become a citizen.

When you hold a 190 visa, you can work (or not if you choose) in any occupation you want. So you can work in your nominated profession, you can sell ice cream on the beach or you can simply relax and enjoy the sunshine (until your money runs out of course).

Thank you very much, Maggie.

Will I get my RRV if I live less than 6 months when it expires? For Singapore which I'm currently residing in, I need to produce proof of income and superannuation earned in Singapore in order to get RRV. Is it the same in Australia that you need to produce something and must be in employment at the time you renew your RRV?

If I move to Australia only in December 2022, what should I do when my current passport expires in August 2021 whilst working overseas? I suppose I need to transfer my PR to my new passport. Can it be done in Australian embassy in country where I work? Will I have problem to get my PR transferred to my new passport if I still have not moved to Australia?

Thanks again.

 

[khh]

Has your PR already been granted? Note that the 5 years start from the date the PR is granted. So, if you were granted your PR in, say, Jan 2018, it would be valid until Jan 2023 even though you might make your first entry in April 2018.

Yes, granted in September 2017. So, the 5 years validity is counted from the date of grant and not the date of first entry?

Thanks.

 

[rahulreshu]

Yes, granted in September 2017. So, the 5 years validity is counted from the date of grant and not the date of first entry?

Thanks.

Yup, take a look at your grant letter. It must have a line that says "Must Not Arrive After".

Here are the relevant ones from my grant notice:

Visa Grant Date: 25 February 2014
Must Not Arrive After: 25 February 2019

I made my first entry in Jun 2014. If I am not a citizen by 25th Feb 2019 and plan on leaving the country after that date, I'd need a RRV to be able to come back.

 

[khh]

Yup, take a look at your grant letter. It must have a line that says "Must Not Arrive After".

Here are the relevant ones from my grant notice:

Visa Grant Date: 25 February 2014
Must Not Arrive After: 25 February 2019

I made my first entry in Jun 2014. If I am not a citizen by 25th Feb 2019 and plan on leaving the country after that date, I'd need a RRV to be able to come back.

Noted and thank you. Any requirements to get RRV other than having to have lived in Australia over a certain period of time.

 

[rahulreshu]

Noted and thank you. Any requirements to get RRV other than having to have lived in Australia over a certain period of time.

Take a look at this website (and do see the substantial ties section too):
https://www.border.gov.au/visas/supporting/Pages/155/travel-facility.aspx

 

[khh]

Take a look at this website (and do see the substantial ties section too):
https://www.border.gov.au/visas/supporting/Pages/155/travel-facility.aspx

Thank you very much. It's very helpful.

 

[khh]

I was reading the link below about the RRV:

https://www.border.gov.au/visas/supporting/Pages/155/travel-facility.aspx

Travel facility

The excerpt is copied and pasted as below:

Subclass 155 visa

The travel facility for a subclass 155 visa is:

- five years from date of grant if you were in Australia as an Australian permanent resident or citizen for at least two of the five years immediately before you apply for the visa

- one year from date of grant if you applied for the visa on the basis of your substantial ties of benefit to Australia.

- one year or less from date of grant if you applied for the visa as a family member of a person who either holds a subclass 155 or 157 visa or has applied for a Resident Return visa and satisfies criteria for grant.

Any travel facility left on your last permanent visa will be lost when the Resident Return visa is granted.

Subclass 157 visa
The travel facility for a subclass 157 visa is 3 months from date of grant.
Any travel facility left on your last permanent visa will be lost when the Resident Return visa is granted.


My interpretation of the above clause is that:

If one lives in Australia in at least 2 out of 5 years, one will get 5-years RRV.

If one lives less than 2 out of 5 years, one will get only 1-year RRV provided one can prove to DIBP that one has substantial ties of benefit to Australia. From what I read, the substantial ties of benefit can be something like having business in Australia or owning a property even though one is not in Australia more than 2 years' time. Without proof of substantial ties of benefit, one may not be able to get 1 year RRV.

Is my interpretation correct?