Using RRV to get around 187 RSMS 2 year requirement

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Using RRV to get around 187 RSMS 2 year requirement


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Old 12-16-2017, 11:46 PM
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Using RRV to get around 187 RSMS 2 year requirement

Hi,

Just a question for the migration agents out there, from my understanding whenever you apply for a new visa and it is granted it replaces the current visa you hold. For example if I had a 187 visa, and then applied for, and was granted a 189 it would replace it and I wouldn't be subject to the 2 year requirements.

My question is this, if I apply for a resident return visa does this replace the 187? It appears to be it's own subclass and visa in its own right.

There appears to be nothing in the relevant legislation or visa information that says you can't apply for a RRV sooner, just that you need to be a PR?


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Old 12-17-2017, 03:46 AM
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Quote:
Originally Posted by verymerryxmas View Post
Hi,

Just a question for the migration agents out there, from my understanding whenever you apply for a new visa and it is granted it replaces the current visa you hold. For example if I had a 187 visa, and then applied for, and was granted a 189 it would replace it and I wouldn't be subject to the 2 year requirements.

My question is this, if I apply for a resident return visa does this replace the 187? It appears to be it's own subclass and visa in its own right.

There appears to be nothing in the relevant legislation or visa information that says you can't apply for a RRV sooner, just that you need to be a PR?
The applicant meets the requirements of this subclause if the applicant was lawfully present in Australia for a period of, or periods that total, not less than 2 years in the period of 5 years immediately before the application for the visa and, during that time, the applicant:

(a) was the holder of a permanent visa

With one year PR and 4 year legally in Australia, you could apply for citizenship as a way to circumvent the 2 year employment requirement, but by the time that is granted you'd have 2 years on your sc.187 visa anyway.

I take it you were aware of the 187 conditions before you applied? Is therer any particular reason why you do not want work for your sponsor for 2 years ?

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Old 12-17-2017, 07:36 AM
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Originally Posted by CCMS View Post
The applicant meets the requirements of this subclause if the applicant was lawfully present in Australia for a period of, or periods that total, not less than 2 years in the period of 5 years immediately before the application for the visa and, during that time, the applicant:

(a) was the holder of a permanent visa

With one year PR and 4 year legally in Australia, you could apply for citizenship as a way to circumvent the 2 year employment requirement, but by the time that is granted you'd have 2 years on your sc.187 visa anyway.

I take it you were aware of the 187 conditions before you applied? Is therer any particular reason why you do not want work for your sponsor for 2 years ?
Hi CCMS,

Not particularly but my occupation requires me to move quite a bit. I may just do a 189 on top of it if I *really need to move*, but it's more expensive and cumbersome.

I was actually referring to a subclass 157 RRV visa which apparently only requires 1 day in australia.


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Old 12-17-2017, 08:11 AM
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Quote:
Originally Posted by verymerryxmas View Post
Hi CCMS,

Not particularly but my occupation requires me to move quite a bit. I may just do a 189 on top of it if I *really need to move*, but it's more expensive and cumbersome.

I was actually referring to a subclass 157 RRV visa which apparently only requires 1 day in australia.
The purpose of the sc. 157 visa is mainly for people who have compelling/ compassionate reasons to travel overseas and who are not eligible for a sc.155 visa. With a valid sc. 187 in place, I’m not sure if a sc. 157 would be granted, if the sole purpose is to circumvent sc. 187 conditions. It may technically be possible, but I have never come across it. Is moving around for your job a problem?

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