Guest Clarita99 Posted March 6, 2011 Share Posted March 6, 2011 I need some advice and would really appreciate any helpful feedback> I am a permanent resident of Australia and am currently living and working in WA. I'm from the UK originally. My daughter is living with me and is settled in day care here. We are both happy. She was born in the UK and is 18 months old. We have been here for four months in total under this visa (skilled worker - independent). I also spent six months living in Sydney under a working holiday visa. I'm an employed teacher in a Catholic school here in WA. My permanent visa is due to expire in August this year. I have not spent two years in Australia. If I want to leave Australia after the expiry date, I am not legally allowed to re-enter and continue working and living here, as I haven't fulfilled the conditions of the visa. I need to leave Australia after 2011 because: 1. My husband (who I'm happily married to) is living and working in the UK and is unable to leave his current work due to a contract which runs until 2015. He wants to live in Australia with us, but we won't be able to do that until 2015. 2. My daughter's grandad has cancer and is dying. They need to see each other and spend some quality time together. I do not want to give up my permanent residency visa. There is no guarantee that I'll get another one if I have to apply from scratch again (especially as teaching is not on the job shortage list any longer and I'm now 35 years old). My husband and my visa run out this year, but my daughter's visa runs out 2015. If I spend two years in Australia, my marriage may not survive and my father-in-law won't be bale to see his precious grandaughter before he dies. My boss would be happy to write to the immigration department to support my case if this would help. Is there any way I can get an extension? Quote Link to comment Share on other sites More sharing options...
Guest MaybeOz Posted March 6, 2011 Share Posted March 6, 2011 The following info may help:- Resident Return Visas (RRVs) The purpose of RRVs is to facilitate the re-entry into Australia of non-citizen permanent residents and to ensure that only those people who have a genuine commitment to residing in Australia, or who are contributing to Australia's well-being, retain the right to return to Australia and remain permanently. The applicant must be one of the following: a permanent resident holding a valid permanent visa a former permanent resident whose last permanent visa was not cancelled a former Australian citizen who has lost or renounced his or her Australian citizenship. For a five-year RRV, applicants must have spent two years out of the past five years in Australia as a permanent resident, or have substantial and beneficial ties to Australia. Applicants who have been absent from Australia for more than five years must also have compelling reasons for their absence of more than five years. A three-month RRV may be granted to persons who don't yet qualify for a five-year RRV but have strong reasons to go overseas, such as the severe illness of a family member. Applicants must have spent at least one day in Australia in the past five years as a permanent resident, and have compelling and compassionate reasons for departing Australia. Partners and family members of an RRV holder who are or have been permanent residents may be granted RRVs on the basis that the head of their family holds an RRV. An RRV granted on this basis will have the same validity period as the one held by the head of their family, whether the family member applies for an RRV at the same time as the head of their family or later. If the family member meets one of the other criteria for an RRV in their own right, they will be granted an RRV with the full five-year validity. Emergencies overseas A permanent resident overseas who is unable to prove their status may apply for a temporary RRV if they have an urgent and compelling reason to return to Australia. Example: Their passport was stolen and they have obtained a new one. People who return to Australia on temporary RRVs must apply at a departmental office to regain their permanent status within three months of their arrival. People who do not will become unlawful non-citizens, and may be held in detention and removed from Australia. Business Skills visa holders prevented Some business skills visa holders are prevented from applying for an RRV. Those people whose last permanent visa was a Business Skills visa subclass 127, 128, 129, 130, 131, 132, 840, 841, 842, 843 or 844 can not lodge a valid application for an RRV if: that visa is subject to a notice of intention to cancel under section 135 of the Migration Act 1958, or the department has made a decision to cancel that visa under section 134 of the Migration Act 1958 and the Administrative Appeals Tribunal (AAT) has not set aside the department's decision. Applying for RRVs Any departmental office will accept an application for an RRV. In Australia, RRV applicants do not need to fill in a form if they: attend an office in person, present a valid passport and pay the application charge, or post a request for an RRV with their passport and payment of the application charge. Applicants in Australia who meet the residence requirements for a five year RRV can apply electronically via the department's website. See: Five Year Resident Return Visa (Subclass 155) Such applications are usually decided within 24 hours. Applicants who are travelling should make a brief visit to an office of the department to have the visa label placed in their passports. Overseas applicants can apply at any Australian overseas mission by completing form 1085 and lodging it with their passport and payment of the application charge (Form 990i refers). If more than one person is travelling on the same passport, only one application and one charge is required. Family members with separate passports must apply and pay separately. Former Australian Citizens Former Australian citizens who have lost or renounced their citizenship can apply for an RRV if they want to return to Australia as permanent residents. Alternatively, former citizens may be eligible for resumption of citizenship. Re-evidence of return visa labels/authorities If a passport containing a valid RRV, ATR or RE has expired, or been lost, stolen or damaged, the visa label can be re-evidenced with another label in the holder's new passport. An application charge applies for this service. If a valid visa is in an expired passport, it is possible to continue to use the visa until it expires, provided both the old and new passports are carried together when travelling to Australia. Australian Declaratory Visa (ADV) Australian Declaratory Visas (ADVs) are issued in limited circumstances to Australian citizens who hold dual nationality. They are administrative documents that resemble a visa. ADVs are issued only if the applicant is a dual national under the age of 18, or in an emergency or other situation that prevents travel on an Australian passport. An ADV is valid for five years from the date of issue, unless the holder ceases to be an Australian citizen, in which case the holder will need a visa to travel to Australia. Charges apply for this service. Application Charges Where payment of an application charge is required, applicants can check the amount of the charge with their nearest departmental office or Australian overseas mission. Such charges are also listed in Form 990i. See: Visa Charges On-line Further information for Returning Residents is available on the department's website. See: Five Year Resident Return Visa (Subclass 155)–About this Visa Further information is available on the department's website. See: www.immi.gov.au The department also operates a national general enquiries line. Telephone: 131 881 Hours of operation: Monday to Friday from 8.30 am to 4.30 pm (recorded information is available outside these hours). Fact Sheet 95. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra. Last reviewed September 2010. © Commonwealth of Australia 2010. Quote Link to comment Share on other sites More sharing options...
Pumpkin Posted March 6, 2011 Share Posted March 6, 2011 TherE is no requirement to live in Australia for two years before you can get a RRV, although that is one option. So long as you v can prove you have substantial ties you may also be eligible. If you apply whilst you are living and working here it should not be too much of an issue. Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 7, 2011 Share Posted March 7, 2011 I need some advice and would really appreciate any helpful feedback> I am a permanent resident of Australia and am currently living and working in WA. I'm from the UK originally. My daughter is living with me and is settled in day care here. We are both happy. She was born in the UK and is 18 months old. We have been here for four months in total under this visa (skilled worker - independent). I also spent six months living in Sydney under a working holiday visa. I'm an employed teacher in a Catholic school here in WA. My permanent visa is due to expire in August this year. I have not spent two years in Australia. If I want to leave Australia after the expiry date, I am not legally allowed to re-enter and continue working and living here, as I haven't fulfilled the conditions of the visa. I need to leave Australia after 2011 because: 1. My husband (who I'm happily married to) is living and working in the UK and is unable to leave his current work due to a contract which runs until 2015. He wants to live in Australia with us, but we won't be able to do that until 2015. 2. My daughter's grandad has cancer and is dying. They need to see each other and spend some quality time together. I do not want to give up my permanent residency visa. There is no guarantee that I'll get another one if I have to apply from scratch again (especially as teaching is not on the job shortage list any longer and I'm now 35 years old). My husband and my visa run out this year, but my daughter's visa runs out 2015. If I spend two years in Australia, my marriage may not survive and my father-in-law won't be bale to see his precious grandaughter before he dies. My boss would be happy to write to the immigration department to support my case if this would help. Is there any way I can get an extension? Permanent visas do not expire. The right to enter Australia usually expires after 5 years. I strongly advise that you consult a registered migration agent to develop a strategy. Quote Link to comment Share on other sites More sharing options...
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