JAJ

A very commonly asked question.

How long to validate your visa?
- Permanent visas granted offshore normally have a 'first entry date'. ALL family members must enter Australia by this date.

- The main applicant must enter Australia first (or at the same time as the rest of the family). The others must enter Australia after the main applicant and before the 'first entry date'. This is known as 'validating' the visa.

- The 'first entry date' is normally around 12 months from the earliest date of police checks and medicals. Some people get less than that if medicals have a lesser validity - 6 months is not unknown.

- 'First entry date' cannot be changed after your visa is granted. If there is a problem meeting this date after visa has been granted, you must seek urgent professional advice to liaise with DIMIA so they do not cancel your visas. Only in exceptional circumstances will you be able to keep your visa if you do not respect the 'first entry date'.

- It is quite acceptable to validate a visa with a holiday in Australia.

How long to make the 'proper' move?
- The visa is valid for 5 years from the date of grant (NOT the date the visa is stamped or validated)

- You are expected to be in Australia for a total of 2 years (730 days) in this 5 year period.

- This is so that you easily qualify for a Resident Return Visa (RRV) after the 5 years is up. You will need an RRV to re-enter Australia as a PR if you are not an Australian citizen.

- If you do not meet this requirement but are inside Australia on the expiry date of the visa (5 years hence) the visa does not expire until the moment you set foot outside Australia for any reason.

- Hence if you are living in Australia at the end of the 5 year period you will probably not lose your PR but you will face hassle in getting an RRV.

- In order to keep life simple, make sure you move to Australia no later than 3 years from visa grant. This ensures you will have the 2 years in Australia required to get an RRV 'no questions asked' at the end of the 5 year period.

- Form 968i is an essential resource to understand the RRV rules. Bear in mind these can change anytime.
http://www.immi.gov.au/allforms/pdf/968i.pdf

- Becoming an Australian citizen is the only way to fully secure your status in Australia. Australian citizens do not require RRVs.
In general, permanent residents can apply for Australian citizenship after 2 years in Australia as a PR.
http://www.citizenship.gov.au


Note. If you have a temporary visa (eg temporary spouse, most business skill visas, SIR or a 457) then there will be different rules. Permanent business visas and employer nominated permanent visas have special obligations which must be adhered to in addition to the points below.

Jeremy

Yorkshire

Hi J,


Nice post! Good info.


I would like to ask if we get into Au with the 136 application, my partner will be the applicant with me as her partner.

If granted, she will be a PR. Does that mean, I and our child also become PR's?


Cheers


Yorkie

wmoore

Everyone named on her application will get PR status too.

ad4ozz

So if you have a 457 sponsored visa how long do you have to get in???

My neighbour has asked me to ask, as he has a 457 visa, and it is now coming up to approx 7 months since his police checks and medicals but his house is not selling.

He has tried asking DIMA but hasn't had a straight answer so doesn't know if he only has a year or as long as the job is open as 457's don't get visa in passport with first entry date same as permenant applicants.

Any info much appretiated... .

macnet1

Question:

My daugter will be studying for a further 3 years in Scotland before coming to OZ. She will validate her PR visa as required one just one visit. Her course will finish outside the 3 years hence:
" You are expected to be in Australia for a total of 2 years (730 days) in this 5 year period."

This will not be possible, She will be out moving down after the 730 days..but she is going to apply for citizenship, would that be a problem ?

cheers
Mark

JAJ

Yes it will likely be a problem regarding citizenship. She will most likely have to wait until she has lived in Australia for 2 years before becoming eligible.

And if she stays away too long (beyond the re-entry date on her visa), she won't even be allowed back into Australia as a resident, unless she can get an RRV. Not necessarily easy if living outside Australia.

Jeremy

ptlabs

Mark,

I presume your daughter is going to be over 18 when that happens (applying for citizenship). If so, she will not qualify for citizenship if she has been a permanent resident in Australia for less than 2 years in the last five years.

Peter

JAJ

In fact children over 16 (not 18) are assessed independently for Australian citizenship. Where the child is under 16, DIMIA usually expect to see at least one parent who is Australian or becoming Australian.

Jeremy

ptlabs

Jeremy

Agreed. I mentioned 18 as I assumed it was university the original poster's daughter was headed.

Peter

nfernand

Hi Just to clarify.

I obtained my visa and I arrived to Oz a month before the initial entry date with my framily from London. I am currently working and hoping to work for more than 2 yrs. If so could I apply for my citizenship ? i.e after staying Aus for 2 yrs from initial entry?

Regards,

mateen_muhammad

Suppose I (principal applicant) & My wife get PR in Dec 2005, with same entry date say 30-Apr-2006. Then, I leave for OZ alone in Jan 2005 and my wife is intending to join me before the expiry of her first entry date say 15th Apr 2006. Now, due to any problem if she can't join me by her first entry date and she's not allowed an extension in her entry date (which is almost impossible) then her visa would become invalid. Now, in this condition would I be having another change to apply for a spouse visa for her? Will the rejection of PR visa have any impact when she'll be considered for spouse visa?

Regards,
M.Mateen.

Andy Fielding

Hi J,
I am wondering if you can help me, I am currently employed as a CNC machinist/toolmaker on a 457 offshore visa - I have been on this visa just over 12 months. The problem is my company is very quiet and their is talk of closure - if this happens I know I have been told I only have about 28 days to find another job.
So I am wondering how hard it is to change jobs if I find another company to sponsor me and also the cost involved. I am also currently in the process of gathering details so i can apply for PR but am awaiting thr TRA to approve my skills

any advice will be much appreciated

Thanks

robos

hi jaj can you help us our son is 16 on 1st september were do we stand please? he is still dependant on us as he still has a year left in school, but we have not applied for our visas yet we are still getting refs together for T.R.A. But depending on when we get the go ahead ( I know it will be next year when he has turned 16) will he be alright to come with us ?
We would be very grateful for any advice off anyone if anyone can help please.

You see I would not go without any of my kids

Thankx very much Jan XXXX

JAJ

Read the Skilled Migration Booklet on dependency. Anything under 18 (when visa application is decided) is ok provided one is single and not engaged or in a de-facto relationship.

This thread is closed now as it's gone off-topic.

Jeremy

JAJ

Restrictions on a 457 visa vs permanent residence

1. You can only work for your sponsoring employer. You are forbidden to have any secondary employment. If you are laid off, you have 28 days to find a new employer (plus sponsor) or leave Australia.
2. School fees in NSW (and possibly some other states - you need to check) - AUD4.5k per child per year
3. The time does not count for Australian citizenship.
4. Children born to you in Australia will not be Australian citizens by birth.
5. Your spouse will have unrestricted work rights but will find it hard to get career-orientated jobs as employers usually prefer citizens/PRs
6. Your children will be treated as "overseas students" if they go to university in Australia. If you are from the UK they may be treated as 'overseas students' back in the UK too unless they meet a 3 year residence requirement, even if British citizens. You need to check this in detail.
7. As your children get older (especially once they turn 18), it may be harder to include them in a permanent visa application. They could end up having to go home once deemed "independent" even if the rest of the family gets permanent residence
8. You will face FIRB restrictions on buying property.
9. No eligibility for Medicare, other than limited reciprocal healthcare schemes for some nationalities. Health insurance will be more expensive.
Once you apply for a PR visa you are normally eligible for Medicare.
10. No entitlement to social security or welfare benefits. This includes benefits paid to mothers of new babies, and things like the first home buyers grant.
11. No automatic entitlement to permanent residence (PR). Bear in mind the usual problem is that the employer won't sponsor for PR. Not can't - won't.
You must also bear in mind that a death, illness or divorce/separation before PR is granted could leave some or all family members in a very difficult visa situation.
12. Some professions and occupations (eg migration agent) are closed to those without permanent residence.
13. You cannot sponsor relatives for permanent residence or sign an Assurance of Support for migration purposes.
14. There is no legal bar on obtaining credit (eg loans, credit cards) but you will likely find it harder to get one without permanent status.

Benefits of the 457:

15. Although in general 457 holders pay the same taxes as Australians (for little or no benefit) there are a few tax breaks available to temporary residents. The most notable one is Living Away from Home Allowance (LAFHA). However this must be negotiated as part of your salary package and is under threat as soon as you apply for a permanent visa. The same goes for the other temporary resident tax exemptions. Most 457 holders (other than those who are expatriates employed by multinationals, who are in a different situation to most) believe that the tax concessions do not compensate for the limited rights they have compared to permanent residents.
Note: Under Government proposals from 1 July 2006, most 457 visa holders will not be assessed for tax on non-Australian source income. However this will only benefit those with significant investments overseas.

16. 457 visa holders are eligible to recover their superannuation (less tax) when they leave Australia.