doubter Posted December 9, 2014 Share Posted December 9, 2014 My permanent resident visa expires end of this year while I am in UK. I did less than 2 years while in OZ but its still less than 5 years since i left. I know what the criteria is for an RRV but am unsure where I stand. If I go to Australia next year for a job interview and I enter as a visitor on an eVisitor visa will I lose my right to apply for a RRV after that if I get offered a job? Or will I be able to get an RRV before the job interview as it was a previous employer. still got a pension there and I was waiting for daughter to complete education in UK. Thanks Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted December 10, 2014 Share Posted December 10, 2014 Do not get an eVisitor visa as it will cancel your permanent visa. I've heard of people who did that and were eventually able to get an RRV but you would be taking a big chance. You should do everything possible to get a Resident Return visa before you apply for any other visa and you can do that from overseas. It sounds like you may still have ties to Australia and staying with a child to complete their education should be considered to be a good reason for your absence so your RRV will probably be valid for entry to Australia for 12 months. Be aware though that it may only be valid for 3 months and in that case, you would have to enter Australia within that time. Quote Link to comment Share on other sites More sharing options...
doubter Posted December 10, 2014 Author Share Posted December 10, 2014 Ok thanks thats great. Probably try the RRV first then. What is the average time waiting for a decision on a RRV overseas? Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted December 10, 2014 Share Posted December 10, 2014 Ok thanks thats great. Probably try the RRV first then. What is the average time waiting for a decision on a RRV overseas? Usually within a couple of weeks. It could be a good idea to consult an experienced RMA for some advice on what type of evidence you should provide to maximise your chances of getting a 12 month RRV. It won't cost much and will be worth every penny. Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 10, 2014 Share Posted December 10, 2014 Usually within a couple of weeks. It could be a good idea to consult an experienced RMA for some advice on what type of evidence you should provide to maximise your chances of getting a 12 month RRV. It won't cost much and will be worth every penny. Applicants who already hold another visa must apply for an ETA at an Australian visa office outside Australia and provide their passport details either in person, by telephone, by post or by email. They are not able to lodge an ETA application online or through an airline or an approved agent. If the ETA is granted, it will not necessarily: come into effect when the ETA is issued as the current visa may still be in effect cancel (or cease) the existing visa. Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted December 11, 2014 Share Posted December 11, 2014 There you go. Looks like an ETA (not an eVisitor) should do the trick to get you back to Australia though I note that is says 'not necessarily'. Make sure it doesn't before you apply. Quote Link to comment Share on other sites More sharing options...
awelter Posted December 11, 2014 Share Posted December 11, 2014 Do not get an eVisitor visa as it will cancel your permanent visa. I've heard of people who did that and were eventually able to get an RRV but you would be taking a big chance. You should do everything possible to get a Resident Return visa before you apply for any other visa and you can do that from overseas. It sounds like you may still have ties to Australia and staying with a child to complete their education should be considered to be a good reason for your absence so your RRV will probably be valid for entry to Australia for 12 months. Be aware though that it may only be valid for 3 months and in that case, you would have to enter Australia within that time. Some comments: Australian permanent resident is someone who is a holder of a permanent visa. When this visa ceases to be in effect? A visa to travel to and enter Australia (whether also a visa to remain in Australia) during a particular period or until a particular date ceases to be in effect at the end of that period or on that date unless the holder of the visa: (a) has entered Australia in that period or on or before that date; and (b) is in Australia at the end of that period or on that date. Therefore, you will no longer be considered to be a permanent resident and eVisitor cannot cancel a permanent visa after it has ceased. However, you will become a former Australian permanent resident. As a former permanent resident, you can apply for a RRV as long as you meet prescribed criteria. One them (for RRV155) is you need to establish substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia. The visa status at the time of application is not relevant (with a few exceptions eg. holders of RE or ATR, cancelled visas...), therefore, you can apply for RRV as a holder of eVisitor or ETA - either in Australia or outside Australia - it doesn't matter. It might be worth considering that an applicant for a RRV has review rights if he/she applies in Australia. If you apply outside Australia, you have review rights in limited circumstances only. Trust this helps. Ales Welter Quote Link to comment Share on other sites More sharing options...
doubter Posted December 12, 2014 Author Share Posted December 12, 2014 thanks all I came up with some of those statements when I did a search. Also sent email to immigration to clarify. Quote Link to comment Share on other sites More sharing options...
doubter Posted December 18, 2014 Author Share Posted December 18, 2014 This is the email reply I received from AU Immigration in regards to my query for those who are interested. Thank you for your enquiry regarding the Resident Return visa.If you wish to return to Australia as a permanent resident you should applyfor the Resident Return visa.Please be advised that you are free to lodge your application for theResident Return visa on-line at any time.If your last departure from Australia was as an Australian permanentresident or Australian citizen you must either provide evidence ofsubstantial business, cultural, employment or personal ties of benefit toAustraliaLink to the on-line application:http://www.immi.gov.au/e_visa/rrv.htmIf you decide to apply for Visitor Visa it will be more difficult for youto apply for the Resident Return visa in future. Quote Link to comment Share on other sites More sharing options...
awelter Posted December 23, 2014 Share Posted December 23, 2014 This is the email reply I received from AU Immigration in regards to my query for those who are interested. Thank you for your enquiry regarding the Resident Return visa.If you wish to return to Australia as a permanent resident you should applyfor the Resident Return visa.Please be advised that you are free to lodge your application for theResident Return visa on-line at any time.If your last departure from Australia was as an Australian permanentresident or Australian citizen you must either provide evidence ofsubstantial business, cultural, employment or personal ties of benefit toAustraliaLink to the on-line application:http://www.immi.gov.au/e_visa/rrv.htmIf you decide to apply for Visitor Visa it will be more difficult for youto apply for the Resident Return visa in future. I am not sure what DIBP mean by more difficult if you have applied for a visitor visa. It is all about the ability to prove an applicant meets the prescribed criteria. It is understandable that an applicant shouldn't apply for a visitor visa with the intention to come to Australia to apply for a further visa onshore as this simply contradicts the genuine intention to visit Australia temporarily. However, when you are already onshore as a genuine tourist and decide to apply for a RRV, I don't see any reason why it should be more difficult. Let's compare the criteria for onshore and offshore in general: As a former Australian permanent resident - ONSHORE: (a) has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia; and (b) has not been absent from Australia for a continuous period of 5 years or more since the date of grant of the applicant's most recent permanent visa, unless there are compelling reasons for the absence As a former Australian permanent resident - OFFSHORE: the applicant has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia, and the applicant: (a) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence, and the applicant last departed Australia as an Australian permanent resident; or (b) was an Australian permanent resident, less than 10 years before the application, and has not been absent from Australia for a period of, or periods that total, more than 5 years in the period from the date that the applicant last departed Australia as an Australian citizen or Australian permanent resident to the date of the application, unless there are compelling reasons for the absence. Again, accurate advice cannot be given unless all circumstances of the given case are fully known. Quote Link to comment Share on other sites More sharing options...
doubter Posted January 4, 2015 Author Share Posted January 4, 2015 My PR visa expired 23/12/14 so the possible scenario this year would be going over to OZ on visitor visa for job interview/assessments, having already made contact with previous employer. Returning to UK and applying for RRV if offered job. I don't think it would be worth while applying for RRV without a genuine job offer offshore before going for interview, even though I worked for the employer when the original PR visa was granted. Quote Link to comment Share on other sites More sharing options...
kulauk Posted August 4, 2015 Share Posted August 4, 2015 Hi doubter Just wondering how your RRV went and if you did apply for an eVisitor prior to the RRV? I am in a similar situation right now and have the same dilemma. Am wondering if an eVisitor will adversely affect an RRV application in future?? any advise appreciated... Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted August 4, 2015 Share Posted August 4, 2015 DO NOT apply for a visitor visa - this will cancel the PR visa which in turn means a RRV can not be granted. Quote Link to comment Share on other sites More sharing options...
doubter Posted November 19, 2015 Author Share Posted November 19, 2015 Hi doubterJust wondering how your RRV went and if you did apply for an eVisitor prior to the RRV? I am in a similar situation right now and have the same dilemma. Am wondering if an eVisitor will adversely affect an RRV application in future?? any advise appreciated... Applyed for an eVisitor online which was granted a few months ago and applied for an RRV online 10 days ago which was granted today. So the answer is applying for another visa does not affect a previous permanent visa if you still meet the conditions. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted November 19, 2015 Share Posted November 19, 2015 Applyed for an eVisitor online which was granted a few months ago and applied for an RRV online 10 days ago which was granted today. So the answer is applying for another visa does not affect a previous permanent visa if you still meet the conditions. A few people have managed that. Byt many many more people have foung that a tourist visa has invalidated their PR as you cannt hold more than one visa at a time. Not worth the risk really. Quote Link to comment Share on other sites More sharing options...
doubter Posted November 20, 2015 Author Share Posted November 20, 2015 A few people have managed that. Byt many many more people have foung that a tourist visa has invalidated their PR as you cannt hold more than one visa at a time. Not worth the risk really. I see what you are saying but an RRV will automatically cancel the visitor visa but as a previous permanent resident a visitor visa will not cancel your previous status. I am proof of that and I also had that confirmed by immigration. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted November 20, 2015 Share Posted November 20, 2015 I'm sure I recall posts from migration agents stating that an ETA would not cancel out the PR visa, and then a RRV application could be made from onshore. I'm not sure I'd feel confident trying that out though, just in case there was an issue. Quote Link to comment Share on other sites More sharing options...
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