Question of the Week



I need to know about travel restrictions for my subclass 190 visa. What is the residency requirement?

Category: Visa for Australia

Question asked

Hello!
I am in need of advice from an Immigration Lawyer.

I have applied for my subclass 190 visa last year and I am expecting to get the grant in a month or two. And I am going through a divorce process back in India. So I might have to travel a few times and might also need to stay there for an extended time if the court hearings are within short time frame.


So, my questions are:


1) Once I get my PR, can I go overseas and stay for an extended time? As in, within 12 months, if I stay for more than 6 months in India at a stretch, would that be a problem for my PR? Are there any restrictions on how much time I can spend overseas at a time?


2)I am planning to move to regional NSW. So, If I take a unit there and then move to India for a period of 6 months or more, would I still be considered a resident of regional NSW and can I submit my residency proof for any visa application? I mean, I want to sponsor my younger brother for a regional visa, so for that I need to show residency proof of a regional location. Would I be considered a resident if I stay overseas for more than 4-6 months at stretch?

Answer provided by Migration Agent

Hi,


Thanks for your question, please see my response below.


1) Once you obtain the PR it's fine to travel to India. It's a 5-year permanent visa that can be renewed (resident return visa) - However there is generally a residency requirement. If you do not apply for Australian Citizenship and cannot meet the residency requirement for PR renewal the Department of Home Affairs may issue you a 1-year resident return visa (upon application) which will give you the ability to return to Australia if you are offshore or plan on departing Australia for a period.


2) To apply for citizenship, you need to be in Australia for 4 years and hold PR for at least 12 months - I am unsure how long you have been in Australia but from the information provided you should be able to satisfy the requirements over the upcoming 5 years.


3) I am unsure what you mean by residency proof, however the residency in regional will be good ties to Australia for your PR and potential citizenship application in the future. If you need to show supporting evidence, I would say being overseas for 6 months and only having a lease would may not constitute residency in Australia - as they may also check you travel records, bank statements, bills etc. so see if you were in Australia.


4) If you have the intention to reside in Australia and are travelling to India temporarily you are a resident of Australia.


I hope the above is helpful - feel free to message me in the messenger function for any clarifications. Or read more about the Skilled Nominated visa (subclass 190 visa)


------- Clarification Request ---------


Thanks for the response. So, travelling overseas and staying there for an extended period greater than 3 months would not be ideal when I am trying to sponsor my brother for regional PR. But can I travel overseas, stay there for 2 months, come back to Australia, and stay for 2 months and go back and so on?


Unfortunately as I am going through a divorce in India, I need to travel frequently if the court summons me.


And staying overseas for more than 4 months will not impact my PR visa once I get it? I can travel anywhere and stay there for more than 4-5 months. Right?


------ Clarification by Migration Agent ----------

Yes it will be fine to travel, it won’t affect your PR.



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