How soon would we have to move. Sender: welshtony

Hi Andy and Zoe

When the visa is granted, it is valid for 5 years from the grant date. You may have around 9 months to make the initial entry and if you make that validation trip at the last minute, you may only have 4 years and 3 months left on the Multiple Re-entry validity part of the visa. You need to have 2 years of residence within the 5 year period preceding your application for the future Resident return visa - not within the 5 year period of the validity of the migrant visa. Where people are looking at delaying actual migration and just want to initially validate the visa I think there are two ways to do it. The safest way, like Jeremy says, is to try and get out to Australia within 2 years of the visa expiring. This way, you have permission to re-enter Australia while you are building up your required 2 years of physical residence. But it is possible to stretch it to the limit and arrive in Australia on the last day of the 5 years validity. You will have only spent a week or so (depending on how long yo ustayed when you validated the visa) in Australia during the 5 year life of the Migrant visa - You are granted an Indefinite (permanent) stay on arrival, but your permission to re- enter expires nearly immediately. you are now in the unenviable position of needing to accumulate 2 years of residency without being able to re-enter Australia should you leave before your build up the required two years. You can get ad-hoc permission for 3 month return visa if you can show Compelling AND Compbuttionate Circumstances - e.g. severe illness or rest of a family member.

So, to answer your question, no you do not need to be resident in Australia for 2.5 years of the first 5 years, not even 2 years, it can be as little as 1 or 2 days in the 5 years but then you have to stay continuously to clock the 2 years up.

Regards

Tony

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