m.bhattia

Hi,

I have subclass 190 visa for NSW. I went to NSW and lived there for 1 year then had to return in emergency as my father was critically ill (died now). To further assist my family and mother in times for grief, I am in other country for 1.3 years now. I have two questions.

1. My visa and living in NSW for 2 years condition, is it living starting from first entry in Australia ? Or if I now go back and live for 1 more year, it will fulfill 2 years obligation ?

2. As I have spent 1.3 years outside Australia, when my visa expires, and I am still in Australia, will I become illegal ? or will I be legal ? and I have to renew my PR visa or apply for citizenship ?

Please answer as I am very confused

m.bhattia

How come so many people viewed it and no one is able to answer ?

Pollyana

Maybe because once they read the popst they don't know the answer. And every time YOU read the post it adds another to the count

Pollyana

You are supposed to live in the state for 2 years

Your PR visa does not expire. The travel rights expire but not the right to live here permanently.
When you get to the 5 year date you either need a RRV in order to leave Australia and re-enter, or you need to get citizenship, if you qualify for it, so you can leave and re-enter on an Australian passport.

If you do not wish to leave Australia & re-enter, for the rest of your life, then you can just continue livinge here with your PR visa.

verystormy

A 190 has no legal obligation to live in the sponsoring state - only a moral one which is irrelevant.

PR visas do not expire. Only the travel portion does. If you return to Australia before the travel portion does - 5 years from grant - then no issues. If you fail to return by then you would need to apply for a resident return visa. Technically you may not qualify as they require you to have lived in Australia for 2 years. However, they are very lenient with these and I have seen many people get them who have never made the move or spent any time in Australia. There fairly cheap and painless to get.

As your permanent residence never expires, you will continue to be a permanent resident once back in Australia - some people stay on that for ever because they chose to. However, it is generally a good idea to get citizenship once you are eligible as it would save getting resident return visas every time you leave the country

m.bhattia

Thanks a lot guys!

m.bhattia

hehehe that is right

spouse of scouse

Correction. The moral obligation is relevant to some people and irrelevant to some people.

paulry

Place your advance orders for popcorn now!

spouse of scouse

Shouldn't be a run on popcorn. There's not much that's controversial about 'some people do and some people don't' - it's just a fact

paulry

I know but I've seen lots of these state sponsored 2 year moral obligation threads

spouse of scouse

Me too, which is why I was vewy vewy careful not to put a moral judgment on my moral obligation comments

paulry

Well I'm going to have some popcorn

spouse of scouse

Is it buttered? I'll have some too

m.bhattia

Thank you all folks!

I will give Popcorn treat for such a nice replies and information