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ADS2154

PLEASE HELP! Subclass 189 - Travel and criteria to maintain

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Hi Forum Members - 

I currently have a subclass 189 visa. I received it on April 2015.  My wife, son and i have been living in Australia since Oct 2015.  i currently have a full time job in Australia but my wife does not. We have probably spent an average of a month per year outside Australia in the last 4 years (so only 4 months outside Australia in 4 years).  However, recently my wife had a family emergency and has been in India for almost 4 months taking care of her dad (since Sept 2019).  She will probably be there for another few months (so maybe a total of continuous 8 months - Sept 2019 to April 2020).  

My questions are:

- what do we need to do to maintain our subclass 189 visa.  How long can we be outside Australia in total (is there a total number months we can be outside Australia in a span of certain number of years)?

- how long can we be outside Australia continuously at one time?

- What must we be very careful about such that it does not jeopardize us from being able to renew our subclass 189 visa?

- Our subclass 189 visa is up for renewal in Oct 2020.  For us to get it to renewed, what is it contingent on?  

- we are in no rush to apply for a citizenship but does living outside of Oz for a period of time affect our citizenship chances?  

- Does the Resident Return Visa (RRV) apply to us? If we have subclass 189, do we still need this? or is visa 189 a permanent resident visa with no criteria required to maintain it (which i doubt) but i don't know how RRV applies to us.

- Any recommendations on keeping our current visa status would be greatly appreciated.

Thank you!

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7 hours ago, ADS2154 said:

Hi Forum Members - 

I currently have a subclass 189 visa. I received it on April 2015.  My wife, son and i have been living in Australia since Oct 2015.  i currently have a full time job in Australia but my wife does not. We have probably spent an average of a month per year outside Australia in the last 4 years (so only 4 months outside Australia in 4 years).  However, recently my wife had a family emergency and has been in India for almost 4 months taking care of her dad (since Sept 2019).  She will probably be there for another few months (so maybe a total of continuous 8 months - Sept 2019 to April 2020).  

My questions are:

- what do we need to do to maintain our subclass 189 visa.  How long can we be outside Australia in total (is there a total number months we can be outside Australia in a span of certain number of years)?

- how long can we be outside Australia continuously at one time?

- What must we be very careful about such that it does not jeopardize us from being able to renew our subclass 189 visa?

- Our subclass 189 visa is up for renewal in Oct 2020.  For us to get it to renewed, what is it contingent on?  

- we are in no rush to apply for a citizenship but does living outside of Oz for a period of time affect our citizenship chances?  

- Does the Resident Return Visa (RRV) apply to us? If we have subclass 189, do we still need this? or is visa 189 a permanent resident visa with no criteria required to maintain it (which i doubt) but i don't know how RRV applies to us.

- Any recommendations on keeping our current visa status would be greatly appreciated.

Thank you!

Welcome to the Australian Visa Forum,

You have already been granted Australian permanent residency (PR). There is no need to renew it. As with all permanent visas, it has a 'travel facility' attached to it, usually 5 years from date of initial grant. This means that you can travel to and from Australia during this period. Your visa grant notice will tell you the date which the travel facility expires. You can also check these details and any conditions attached to your visa on VEVO. If you want to travel and return to Australia outside of this date, then you must renew your resident return visa. 

You have stated that that you were granted PR on October 2015 and your "subclass 189 is up for renewal in 2020". This is technically incorrect, as it is the resident return visa that needs to be renewed. 

To renew a resident return visa you must satisfy the residency requirement or substantial ties to Australia. Based on what you have posted you will have no issue with regards to satisfying the residency requirement. To be granted a 5-year resident return visa you will need to have lived in Australia for 2 years (730 days) in the last 5 years as the holder of a permanent visa. If you do not satisfy the residency requirement, you will then need to meet the substantial ties requirement to be granted a 1-year resident return visa. 

Please also see this related post deals with the topic of Resident Return Visas: Do I need a Resident Return Visa?

With regards to Australian citizenship (by conferral) 

At the time you apply you must have been:

  • living in Australia on a valid visa for the past 4 years
  • a permanent resident for the past 12 months
  • away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months

Children under 16 do not need to meet the general residence requirement but must be permanent residents.


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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