# Minimum Stay required after initial Entry on 189



## pigupta (Dec 7, 2009)

I got invitiation for 189 and planning to apply for visa. 
My biggest concern is that I am not planning to relocate to Oz very soon, but I need some time. So question is:

1. What is the required minimum stay in Oz after initial entry date in order to maintain valid status for 189 granted visa?
2. What if I stay in Oz for mininum required stay and come back to home country and then later go again to Oz to maintain my granted visa valid status?
3. How often I can do that?
4. In what case my visa will be void?

This is very critical for me to know in order to plan everything. Prompt reply would be appreciated.. thanks in advance....


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## espresso (Nov 2, 2012)

Hi pigupta, 

there is *no minimum stay requirement after validation*. You only have to pass through the border protection booth at the airport to validate your visa. In theory, you could turn around right afterwards and hop on the next plane back home. 

If your have a 189 visa and validate it before the validation date, you can *come and go as you please for 5 years *(= travel validity of the visa) from the date of the visa grant. After that you need a Resident Return Visa (RRV) to re-enter Australia. How long your RRV is valid depends on how much time you spent in Australia on your 189 visa. If you spend two years out of five in Australia you can get an RRV for another 2 years. 

Note that the 189 visa allows you to *stay* in Australia *forever*, only the travel portion of the visa expires. In theory, you could validate your visa now, return to your home country for 4 years and move to Australia just a couple of days before the end of the 5 years post-grant. However, you'd have to stay in Australia for a while after that to qualify for a RRV with a longer validity. 

Your visa will only be canceled if you fail to validate it before the validation date or if you got your visa fraudulently and they find out . 

Cheers, 
Monika


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## pigupta (Dec 7, 2009)

Thanks Monica. But I got to know, you have to open bank account and other stuff after getting into Australia on initial entry. Isnt it? Because as you said, I can really turn right back at the airport after the validation at booth.

Also, as you said, RRV duration is based on time I spent in Australia. So in that case, if I go to Australia on or before initial entry date and come back to home country (say for e.g.) in 2 days and then go back to Ausi just couple of days before end of 5th year post-grant. In this case, what would be the duration and chance of getting RRV???

Again thanks a ton for your prompt response.


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## AM (May 29, 2013)

no you wont qualify for resident return visa if you havent spent 2 years fully in Australia out of 5 Years


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## espresso (Nov 2, 2012)

Hi pigupta, 

generally speaking, there is no need to open a bank account in Australia or anything like that. However, if you plan to spend less that two years out of the next five in Australia you need to demonstrate *"substantial business, cultural, employment or personal ties of benefit to Australia"* as described on the RRV homepage to get a 3-month RRV instead of a 5-year RRV. I'd recommend to read the information provided there to know the full implications. 

PR visas are meant for people that actually want to _live_ in Australia and so it makes sense that you lose that status again if you are outside Australia for extended time periods. At some point you have to make up your mind . 

Cheers, 
Monika


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## pigupta (Dec 7, 2009)

Thanks for reply Monica. I hear you. I will bug you again, in case I have more questions while preparing application.


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## msaeed (Mar 6, 2013)

espresso said:


> Hi pigupta,
> 
> there is *no minimum stay requirement after validation*. You only have to pass through the border protection booth at the airport to validate your visa. In theory, you could turn around right afterwards and hop on the next plane back home.
> 
> ...


Is it same for 190 visa also...and what about dependents..the same rules will apply to the wife and kids also...lets say we all go together to validate the visa and come back in a month..then after two years I went alone to sort out the issues with job and other stuff and then will call back the family...what will be the implications in this scenario..


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## espresso (Nov 2, 2012)

Hi msaeed, 

your partner holds the PR visa in her own right. Even if you decided to get a divorce (after validating the visa) she would still keep her PR status. The exact same rules apply to her that apply to you as well.

Consider the *following scenario*: You work in Australia for a couple of years after validation - to save some money - and she stays in Pakistan to spend more time with her extended family while your son/daughter is still young. Just before the 5 year travel validity of the 190 visa is up, they join you in Australia. Then they'd theoretically have to stay in Australia without overseas holidays for two years to qualify for a 5-year RRV, even if you spent four years there on your own. However, as I wrote in my last post having a husband who lives and works in Australia would probably be considered as *"having substantial personal ties to Australia"*, so they may be able to get a short RRV if they want to go on holiday to Pakistan before the two years are up. But that decision is up to the case officer, there is no guarantee that it will work.

All the best, 
Monika


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## msaeed (Mar 6, 2013)

espresso said:


> Hi msaeed,
> 
> your partner holds the PR visa in her own right. Even if you decided to get a divorce (after validating the visa) she would still keep her PR status. The exact same rules apply to her that apply to you as well.
> 
> ...


Many a Thanks for your reply and really much appreciated for your kind feedback and information..if my visa application is in progress and CO is assigned can we add wife and kids in that stage and what if I am not applying PR for my family with my application and then as soon as I am granted PR can I apply for there visas even after only validating my PR and coming back...frankly speaking I have a history of old TB which I got 15 years ago and after that when even I do xray scars come on that..here in U.A.E where i am working I have to sign an undertaking to go for xray every 3 months whenever the visa is renewed..

I am just afraid of applying for wife and kids too as if some worse things happens at least I can save there visa fee, so I am thinking of applying alone for PR now and once I will get it or once I will apply for them or once my medicals are cleared and before any decision is made I can include my family members...


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## espresso (Nov 2, 2012)

Hi msaeed, 

I'd recommend to include your wife and kid in your PR application now - they still have to go through medicals even if they are non-migrating dependents. More on the costs in this thread. 

TB is not an issue as long as it is not active. Submit your treatment records with the medicals straightaway - that should save some time. It may go back-and-forth a couple of times between the Medical Officer of the Commonwealth (MOC) and your CO and you will most likely have to go through additional tests. After the grant, you may have to sign a health undertaking and visit a clinic in Australia regularly as well. 

Cheers, 
Monika


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## msaeed (Mar 6, 2013)

espresso said:


> Hi msaeed,
> 
> I'd recommend to include your wife and kid in your PR application now - they still have to go through medicals even if they are non-migrating dependents. More on the costs in this thread.
> 
> ...


But I have already sent the application to WA in which they do one small test also with $200 fee mentioning in that I will be alone migrating..will it create any issues if I apply for my wife and kids after I receive invitation from Skill select if WA accepts my nomination as in the application to WA they asked me specifically who are migrating with me and I mentioned alone..


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## espresso (Nov 2, 2012)

Hi msaeed, 

you can change your mind about these things until the visa decision. It won't be a problem. 

See: Including Family Members. 

Cheers, 
Monika


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## ASHWANIK_VERMA (Dec 3, 2013)

*Similar issue*

Hi,

I have similar issue ...this thread is seems to be relevant to my query.....I got my PR(189) this year in January 15....I visited Australia with my family this october to validate my PR.....Now I have to go to Europe from India for some assignment...this assignment may take upto three years...

I want to ask let say I come to Australia one year or six month before the PR duration of 5 years expires....and continue to stay for more than 2 years in Australia without leaving Australia....can I do that with the same PR visa ... or do I need to renew my PR for next 5 years ...and can I renew my PR even without sepending full 2 years in Australia.

Thank you.
Regards,
Ashwani


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## AshutoshP (Dec 9, 2016)

*Thanks a Ton*

Awesome reply, thanks a lot.


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## madboy4131 (May 6, 2017)

*Any rule change on Initial entry and visa validity?*

Hello Friends, 

Did any of this change in these 5 years? I got my 189 subclass PR on 30 APRIL 2013 and I made my initial entry in November 2013 and stayed for a month. Since then I have been working in the USA. Now, I wanna move to Aus for good before my PR expires on 30 APRIL 2018. Can I still move happily? or any new rules came up? One friend was saying that you need to stay for at least 3 months when you make the INITIAL ENTRY in the first year of your PR - But, she said that this is for new applicants who got their PR recently. Is this true? Please advice.


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## madboy4131 (May 6, 2017)

*Any rule change on Initial entry and visa validity?*

Hello Monika, 

Did any of this change in these 5 years? I got my 189 subclass PR on 30 APRIL 2013 and I made my initial entry in November 2013 and stayed for a month. Since then I have been working in the USA. Now, I wanna move to Aus for good before my PR expires on 30 APRIL 2018. Can I still move happily? or any new rules came up? One friend was saying that you need to stay for atleast 3 months when you make the INITIAL ENTRY in the first year of your PR - But, she said that this is for new applicants who got their PR recently. Is this true? Please advice.


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## rvd (May 21, 2016)

No such change in rules. You are good to move before it expires. 

"need to stay for at least 3 months when you make the INITIAL ENTRY in the first year of your PR " this is not true for new PR.



madboy4131 said:


> Hello Friends,
> 
> Did any of this change in these 5 years? I got my 189 subclass PR on 30 APRIL 2013 and I made my initial entry in November 2013 and stayed for a month. Since then I have been working in the USA. Now, I wanna move to Aus for good before my PR expires on 30 APRIL 2018. Can I still move happily? or any new rules came up? One friend was saying that you need to stay for at least 3 months when you make the INITIAL ENTRY in the first year of your PR - But, she said that this is for new applicants who got their PR recently. Is this true? Please advice.


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