Visa 189 expiry?

[Kev777]

Good day,

I just like to clarify regarding visa 189. I am urgent in obtaining my visa, but not as urgent to physically immigrate to Australia as I have my own business I still need to gear it correctly before I can leave to Australia and will have to travel between countries once I immigrate to Australia as I will keep the South African business. Can someone please provide advise on this regard and also if I understand the visa terms correctly.

 

On the Australian Government website it states that this visa 189 is an indefinite residency visa, BUT it however do restrict your travelling after 5 years.

Question 1: Does this mean that the visa 189 allow you to stay in Australia forever, but you just cannot leave the country after 5 years have passed since receiving your visa?

Question 2: Apparently one can apply for an extension for this visa 189 if one was physically leaving in Australia for at least 2 years, is this correct?

Question3: If above is correct, how easy is it to extent this visa 189 and what is the requirements to apply, is it like applying for the visa 189 all over again and can be refused if your occupation is not on the short skilled list anymore?

Question 4: If the visa 189 is a indefinite residency visa and I only arrive in Australia after 4 years and 11 months since my visa was received, does this means that I can still go and live in Australia, but will not be able to travel outside of Australia until I lived in Australia for 2 years to be able to apply to extent the visa 189 or even stay in Australia for 4 years and then apply for my citizenship.

 

I am just considering options to stay as long in South Africa as possible once I received my visa 189 while still be able to become a indefinite resident of Australia even if my travel outside the country would be limited.

 

Thank you!

 

 

[Mara]

@Kev777

Question 1: Does this mean that the visa 189 allow you to stay in Australia forever, but you just cannot leave the country after 5 years have passed since receiving your visa?

Answer: Usually, if you have been in Australia for 4 years, you would apply for citizenship and then your visa is cancelled, as you are a citizen. However, if you do not apply for citizenship you cannot leave Australia without applying for a Returning Residents Visa or often referred to as an RRV. Usually the RRV is issued for the length of time that you had been living in Australia.

Question 2: Apparently one can apply for an extension for this visa 189 if one was physically leaving in Australia for at least 2 years, is this correct?

Answer: It is not an extension, as it never expires, what you have to get is an RRV,  which I have explained in the answer above.

Question3: If above is correct, how easy is it to extent this visa 189 and what is the requirements to apply, is it like applying for the visa 189 all over again and can be refused if your occupation is not on the short skilled list anymore?

Answer: As said above it is not an extension, it is something completely different.

Question 4: If the visa 189 is a indefinite residency visa and I only arrive in Australia after 4 years and 11 months since my visa was received, does this means that I can still go and live in Australia, but will not be able to travel outside of Australia until I lived in Australia for 2 years to be able to apply to extent the visa 189 or even stay in Australia for 4 years and then apply for my citizenship.

Answer: You are correct in your assumptions. Except again it is not extending your 189 visa it is being able to apply for an RRV.

 

Hope this has answered your question.

[Kev777]

Hi Mara, Thank you for your response, much appreciated!

[189inprocess]

Hi.. 

Thanks Kev 777 for asking the questions. Mara can you expand on question 4?

Question 4: If the visa 189 is a indefinite residency visa and I only arrive in Australia after 4 years and 11 months since my visa was received, does this means that I can still go and live in Australia, but will not be able to travel outside of Australia until I lived in Australia for 2 years to be able to apply to extent the visa 189 or even stay in Australia for 4 years and then apply for my citizenship.

Answer: You are correct in your assumptions. Except again it is not extending your 189 visa it is being able to apply for an RRV.

 

Question 4a: If one enters (and lives and works) after 4 years and 3 months, can you apply almost immediately for the RRV and potentially travel within the year .. or can you not leave Australia for 2 years?

 

 

 

[Mara]

Just as you described the situation in your question, is the correct answer. Your RRV is tied (or so I am told) to the length of time that you have spent in Australia. So if you have only been here for three months, it would have to be an emergency for them to grant you an RRV to leave and return.

 

I do hope that someone that has had to apply for an RRV will answer you. I am a citizen, who was on a special visa, so I personally never had a problem coming or going.

[SandraDee]

Hi , we arrived on our permanent residency visa 4 days before it expired. ie 4 years and 361 days after the visa was issued!  We can stay indefinitely but if we need to travel out of the country we need to apply for a RRV.  My husband has kept his business in S.A and plans on travelling regularly.  We were advised the following

 

1. Husband only applies for the visa the first time.  - You need to show that your intent is to settle in Aus - not extend your visa and remain out the country. 

2. Show school ties in Australia, Rental ties etc - leaving the family behind in Australia while you travel is another sign of your commitment to Australia.

 

The visa is normally given for a year or two with multiple entries allowed.  Once you have your RRV you can apply for one for the rest of the family if need be.

To get a extension on the 5 years - ie have never taken up the visa in 5 years and want another 2 years in which to arrive and settle permanently is much harder to get.  There have to be extenuating circumstances- and they are very strict on this. ie owning a business is not enough - you have already been given 5 years to get 'things in order'.

 

i suggest come before the 5 years is up.  Settle for 4-6 months - then apply for a rrv.