Sponsored Skilled Migration Visa (subclass 176)- Queries on T&C.

Real_World?

My application has been approved but I have a few queries in relation to the Terms & Conditions of the Sponsored Skilled Migration Visa (subclass 176).

1. I must make my first entry to Australia before March 2012. Is this to activate the visa? Do I need to stay for a particular duration? Can I just go for a visit first before this date with the intention then to migrate permanently in a year or two time?

2. To be eligible for Residency, do I need to have stayed in Australia for 2 years BEFORE the visa expires on April 2016? Or would it be possible to enter Australia let's say in January 2016 with the intention to stay for two years in order to apply for Residency?

3. Do the above two years need to be consecutive or can I leave Australia for lets say a month and ensure that I stay an extra month after the two years have lapsed?

4. Is the stipulation for Residency that you must have lived in Australia for 2 years or you must have worked in Australia for 2 years?
*************
Any help with the above queries appreciated. Thanks

rightyabe

Real_World? wrote: »

My application has been approved but I have a few queries in relation to the Terms & Conditions of the Sponsored Skilled Migration Visa (subclass 176).

1. I must make my first entry to Australia before March 2012. Is this to activate the visa? Do I need to stay for a particular duration? Can I just go for a visit first before this date with the intention then to migrate permanently in a year or two time?

2. To be eligible for Residency, do I need to have stayed in Australia for 2 years BEFORE the visa expires on April 2016? Or would it be possible to enter Australia let's say in January 2016 with the intention to stay for two years in order to apply for Residency?

3. Do the above two years need to be consecutive or can I leave Australia for lets say a month and ensure that I stay an extra month after the two years have lapsed?

4. Is the stipulation for Residency that you must have lived in Australia for 2 years or you must have worked in Australia for 2 years?
*************
Any help with the above queries appreciated. Thanks

1. You can fly to oz get your passport stamped and leave again, no obligation to stay.

2. I'm not sure but I think a Resident Return Visa (RRV) would be required. although seing as you wern't in oz for at least 2 of 5 years, i'm not sure. And to get a RRV I think you need a good reason for why you lapsed your PR visa.

3. I'm sure it can be just 24 months out of 60 months as long as its at least 2 years.

4. Think you just have to be "residant" in oz no mention of having to work.


This is all my opinion, nothing fact...:)

The Sweeper

Visas - clock starts ticking on your entry date. You'll be given a deadline for arriving in the country. If you enter 1st JAN 2012, your four year visa expires 31 Dec 2015. It doesn't matter if you've spent a lot of months out of Australia, the clock doesn't stop.

Your residency requires you to have been resident for two years. It doesn't matter how long you've held the visa, it's how you've used it.

hussey

Real_World? wrote: »

1. I must make my first entry to Australia before March 2012. Is this to activate the visa? Do I need to stay for a particular duration? Can I just go for a visit first before this date with the intention then to migrate permanently in a year or two time?

Yes a visit is fine, once you arrive in Oz before March 2012 - it's not to get it 'stamped' but 'activated' - so you have 5 years from the day you land

2. To be eligible for Residency, do I need to have stayed in Australia for 2 years BEFORE the visa expires on April 2016? Or would it be possible to enter Australia let's say in January 2016 with the intention to stay for two years in order to apply for Residency?

You have 5 years from the day it is granted if you want to stay in Australia it is fine, but if you want to travel to and from Aus you need to get a RRV visa and you will need to spend 2 of the 5 years in Australia

3. Do the above two years need to be consecutive or can I leave Australia for lets say a month and ensure that I stay an extra month after the two years have lapsed?4. Is the stipulation for Residency that you must have lived in Australia for 2 years or you must have worked in Australia for 2 years?

You can leave Oz, and the two years need not be consecutive. And as far as I know, you can make up the extra time as long as you are in Oz before the visa expires, so if you have 1.75 years with on teh day your visa is granted, you can only apply for the RRV when you have spent 2 of the latest 5 years in Oz.

You only have to live in Oz - not work.

More info on Return residents [EMAIL="http://www.immi.gov.au/migrants/residents/155/"]here
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hussey

The Sweeper wrote: »

Visas - clock starts ticking on your entry date. You'll be given a deadline for arriving in the country.

Not quite, 176 visa start from the day it is granted not arrival, you do have a year to enter though

http://www.immi.gov.au/skilled/general-skilled-migration/176/how-the-visa-works.htm

This visa also allows you to travel to and enter Australia for five years from the date the visa is granted. The expiry of this visa does not affect your permanent resident status if you are in Australia.

Real_World?

Thanks for all your comments.

Previously spent time in Australia back in 2004 on a "Working Holiday Visa" would this account for some of the two year RRV requirement.

Or do I need to do the 2 years on the Subclass 176 in order to qualify for RRV?

mandrake04

Real_World? wrote: »

Thanks for all your comments.

Previously spent time in Australia back in 2004 on a "Working Holiday Visa" would this account for some of the two year RRV requirement.

No

hussey

Real_World? wrote: »

Thanks for all your comments.

Previously spent time in Australia back in 2004 on a "Working Holiday Visa" would this account for some of the two year RRV requirement.

Or do I need to do the 2 years on the Subclass 176 in order to qualify for RRV?

sorry I forgot to link the page
http://www.immi.gov.au/migrants/residents/155/

The Sweeper

hussey wrote: »

Not quite, 176 visa start from the day it is granted not arrival, you do have a year to enter though

http://www.immi.gov.au/skilled/general-skilled-migration/176/how-the-visa-works.htm

I stand corrected

One thing that confuses me - my temp spouse visa was granted in a Feb, and I travelled in April. To get permanent spouse visa, I was eligible to lodge the application in Feb two years later (so in that case I could lodge two years after visa was granted).

However for citizenship, I had to wait four years from date of entry, not from granting of visa, to be eligible to apply. (That might be what's confusing me).

hussey

The Sweeper wrote: »

I stand corrected

One thing that confuses me - my temp spouse visa was granted in a Feb, and I travelled in April. To get permanent spouse visa, I was eligible to lodge the application in Feb two years later (so in that case I could lodge two years after visa was granted).

However for citizenship, I had to wait four years from date of entry, not from granting of visa, to be eligible to apply. (That might be what's confusing me).

For citizenship you must complete 4 years here, as in time spent in Oz - any holidays = 4 years.

so it all about time spent on Australia shore.

The Sweeper

Hussey - I'm sure it's four years, not five. I'm eligible to apply for citizenship right now and I'm only on Australian soil four years last April.

hussey

The Sweeper wrote: »

Hussey - I'm sure it's four years, not five. I'm eligible to apply for citizenship right now and I'm only on Australian soil four years last April.

Sorry your right, it is 4 years