# 2 Years Residency Requirement on 190



## raj16 (Feb 13, 2018)

Hello,

I live in USA and recently filled my EOI for 189. I wanted to apply for 190 as well for VIC & NSW, however, little bit confused about the 2 year residency requirement.

After getting PR, it will take me a minimum of 3 or 4 years to move everything and establish in AUS. This is because I run a successful company here and it will be take me some time to open a new branch in AUS and make it profitable. Off course, finding a good job in AUS is my goal as well, however, I don't plan to be an employee for more than 5 years. In USA, can't quit job and focus 100% on my own company as it will take another 15 years to get GC/PR. 

Because of this, for the first 5 years, immediately after getting PR, my whole focus will be to make sure I have enough time to apply for a RRV. 

So, if I apply for 190:

1) Does the 2 year residency requirement start as soon as the PR gets activated?

2) Or it can be any 2 years out of total 5 years?

3) How strict are they about this 2 year residency requirement when it comes to RRV? 

Thanks and appreciate your help!


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## JK684 (Apr 2, 2015)

raj16 said:


> Hello,
> 
> I live in USA and recently filled my EOI for 189. I wanted to apply for 190 as well for VIC & NSW, however, little bit confused about the 2 year residency requirement.
> 
> ...



You can read more about RRV here - https://www.homeaffairs.gov.au/trav/visa-1/155-

To get a 5 year RR Visa you need to spend 2 years out of the 5 years of your PR validity and also show that you have ties to Australia, ie own a house in AUS, have a job in AUS etc..

There are 2 types of RR visa - 155 and 157. If you didnt complete 2 years out of the 5 years, you will only get a 3 month valid RR visa.

_
*Subclass 157 visa*
You might be granted a subclass 157 visa if all of the following apply to you:

you lawfully spent at least one day but less than two years in the past five years in Australia immediately before you apply for this visa
you were an Australian permanent resident or an Australian citizen the whole time you were in Australia
there is a compelling and compassionate reason for leaving Australia.
If you are outside Australia when you apply
If you have been outside Australia for more than three continuous months immediately before you apply, you must have a compelling and compassionate reason for the absence.


*Subclass 155 visa*
You might be granted a subclass 155 visa if you either:

meet the resident requirement (5 year travel facility)
have ties of benefit to Australia (1 year travel facility)
are a family member of someone who holds, or has applied for, a Resident Return visa and satisfies the criteria for grant (up to 1 year travel facility)._


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## kaju (Oct 31, 2011)

JK684 said:


> You can read more about RRV here - https://www.homeaffairs.gov.au/trav/visa-1/155-
> 
> To get a 5 year RR Visa you need to spend 2 years out of the 5 years of your PR validity and also show that you have ties to Australia, ie own a house in AUS, have a job in AUS etc..
> 
> ...


Not quite. The 5 year 155 visa will be granted if you are a permanent resident and have been physically resident in Australia for 2 years in the last 5 years - as long as you have, there are no other requirements.


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## kaju (Oct 31, 2011)

raj16 said:


> Hello,
> 
> I live in USA and recently filled my EOI for 189. I wanted to apply for 190 as well for VIC & NSW, however, little bit confused about the 2 year residency requirement.
> 
> ...


1. You have travel rights for 5 years from the date your PR is granted. If you want another 5 year RRV you need to stay in Australia for any periods adding up to two years, at any time within that 5 year period from the date of grant of your PR.

2. Yes, see above.

3. There is no leeway at all. You won't get a 5 year RRV unless you have 2 years actual physical residency in Australia (as a Permanent Resident) in a 5 year period.


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## Wait (Nov 8, 2017)

kaju said:


> If you want another 5 year RRV you need to stay in Australia for any periods adding up to two years, at any time within that 5 year period from the date of grant of your PR.


Any 2 years ? So total of 730 days within the original 5 years PR ?


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## kaju (Oct 31, 2011)

Wait said:


> Any 2 years ? So total of 730 days within the original 5 years PR ?


Yes.


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## raj16 (Feb 13, 2018)

I think I should have been more specific with my original question. The regular 2 year requirement, I am already aware of. However, what I would like to know is this:

I have currently submitted my EOI under 189. I am confused on whether I should submit it under 190 (VIC & NSW) or not. Reason being, if I get it under 190, then:

1) How soon I need to VIC or NSW after getting PR? 
2) Is it the first 2 years, I have to be in VIC or NSW or could it be any 2 years out of 5?
3) Also, what happens if I stay only 1 year out of 5 in VIC or NSW? Does that make me ineligible for a RRV?

Because of all of the above, I am confused on whether I should stay and wait for invite in 189 or shall I go ahead and add 190 (VIC & NSW) as well. Would appreciate your help on this. Thanks.


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## ozbound12 (Mar 23, 2012)

raj16 said:


> I think I should have been more specific with my original question. The regular 2 year requirement, I am already aware of. However, what I would like to know is this:
> 
> I have currently submitted my EOI under 189. I am confused on whether I should submit it under 190 (VIC & NSW) or not. Reason being, if I get it under 190, then:
> 
> ...


The state sponsorship requirement to live in the sponsoring state for two years is separate to and not related to the DHA residence requirements. State sponsorship residence requirements are a moral obligation and not a legal one; that is, not abiding by the state residence requirement will not affect any future visa or citizenship applications with DHA. However, you are expected to have a genuine intention to live in the sponsoring state and will need to show them when you apply that you have researched the state in question and can explain why you want to live there.

However, as was stated previously by others, you will need to reside somewhere in Australia for at least two out of the previous five years (not necessarily consecutive two years) to be eligible for another 5-year RRV regardless of which PR visa you end up getting.


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## raj16 (Feb 13, 2018)

Thanks a lot for the reply.

It's good to know that it's not a legal requirement. 

Here's my situation and what I have though so far:

1) PR though 189: Even if I end up staying less than one year, out of 5, I'll be moving my business and company to AUS and creating jobs and benefitting economy. I believe that should be a good reason for me to get a RRV even if I stay less than year (because moving everything form US will definitely take more than 3 or 4 years).

vs

2) PR though 190: During the time of RRV, what are the chances that a CO can think that this candidate didn't fulfill their moral obligation of staying in VIC or NSW for 2 years and can deny a RRV? 

I am okay waiting for my invite through 189, than getting it sooner through 190 but causing problem with RRV in future. Any thoughts?


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## ozbound12 (Mar 23, 2012)

raj16 said:


> Thanks a lot for the reply.
> 
> It's good to know that it's not a legal requirement.
> 
> ...


1. You will not be eligible for a 5 year RRV in that situation but you may be eligible for an RRV of a shorter duration, based on ties of benefit to Australia. Note that as a permanent resident, you can stay in Australia even after the initial visa expires - the visa is a travel facility, so is only needed if you leave Australia and wish to return as a permanent resident (hence the name 'resident return visa').

2. Fulfilling the state sponsorship residence requirements is not a requirement of obtaining a resident return visa at this time.


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## basu_sb (Nov 2, 2014)

Hi, 

I received PR 190 visa from NSW government few months ago. 
I continuously applied for jobs in NSW and nothing went onto success so far. In parallel, I`m looking out for options of moving to Australia from my present organisations itself. Unfortunately, all the new projects coming up within my organisation is based out of Melbourne or Brisbane. 

My question is if my organisation agrees to send me to any non-sponsored state, what type of VISA would be required ? Do I need to apply separately for Temporary work VISA ( 401 ) for those state or is there any provision to do some amendment in existing 190 which allows you to work outside sponsored state. 

Kind Regards !!


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## NB (Mar 29, 2017)

basu_sb said:


> Hi,
> 
> I received PR 190 visa from NSW government few months ago.
> I continuously applied for jobs in NSW and nothing went onto success so far. In parallel, I`m looking out for options of moving to Australia from my present organisations itself. Unfortunately, all the new projects coming up within my organisation is based out of Melbourne or Brisbane.
> ...


If you apply for any other type of visa, your PR will stand cancelled the moment the new visa is issued

You can write to NSW explaining your sincere effort and ask them to relax the requirements 
Maybe you will get lucky

Cheers


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