RRV or Special Migration to Aus, Subclass 151

[Allyozuk]

Hi Everyone! Desperately need help and advice as I've finally plucked up the courage and determination to get back home after hearing for many years that I couldn't.

My History:

Immigrated with UK parents 1959

Grew up in Aus; schooling, worked, married

Left 1980 to stay with UK family and meet grandma before she passed (3month later) on a 3yr Aus. Return Endorsement stamp (BF111), which later was stamped 'Cancelled' on my UK passport when I returned to Aus for a visit on a tourist visa.

Divorced Aus husband.

Aus uncle enquired at immigration and told family I couldn't get back. Our small town in Vic rallied and Jack, from the bush, offered to marry me for a couple of beers which we gracefully declined. (had to add that as so funny!!! and sweet)

Stayed in UK, worked at Japanese company for 12yrs

Moved to Japan, worked and stayed for 12yrs

Married again, Japanese, who was offered a job at US National Lab, so moved to US. He became a US citizen. I got green card but do not want to become US citizen, lose my British citizenship.

Stayed in US for 10 years. Both children born there.

Moved back to Japan 4yrs ago while husband did 1yr sabbatical. He returned to US but I stayed in Japan to care for his elderly mum with our children.

Husband wants to remain in US for work so not migrating with us to Aus.

Lost my mum last March, Gold Coast.

Dad got Aus citizenship in 90's and remains in Vic.

 

I want to come home! Dad is alone and getting old. I miss my roots mostly because I'm seeing me reflected in my boys and I want them to grow up like I did, with Aus values and beliefs. I've kept in constant contact with home (aus), family (cousins) and friends, going back frequently.

Visited a lawyer last year in Gold Coast and she said I'm Australian in upbringing but would probably need to apply for a migrating visa saying my husband and I are separated. I'm not comfortable with that as not completely the case. We are still married, just living separately. We meet up for family trips, talk every day on facetime, he financially supports us. I'm now 56 and do not want to stay in Japan past my eldest's elementary graduation in March2016. Sorry America, but hated it there and don't want to return.

 

I've spent days ploughing through the info and woven a mental web. Do I go for the Special Migration 151, where I can include the kids for $3,560? Or, give the RRV a bash. (would I qualify for the "if you are unable to meet the RRV requirements in your own right, but you are a member of the family unit"?) Then, if I get the RRV (if?) can I then claim them as RRV. Kids have 3 citizenships, US, British, Japanese and under 18.

 

The more I research, the more questions I come up with. Am I just kidding myself that I can go home??? Aaargghh!

[Ozmaniac]

For a Former Resident visa (subclass 151), you have to be under 45 so I'd say that's out. And TBH, I don't like your chances of getting a RRV after an absence of 34+ years but you should consult a good, very experienced RMA and see if they feel it's worth applying.

[Allyozuk]

Yes, you're right Ozmaniac. I consulted two agents, one highly recommended, and both said they can't see any way for me. One really interesting thing out of all the research is discovering I share the status of "Ten Pound Pom" with some rather famous Aussies. :-)

 

So, I will apply for student visas for the boys (K=12yrs, T=9). At least I can avoid subjecting my eldest to Japanese High School. LOVED the education they have received here in Japan in elementary level but neither husband nor I want them to attend Japanese HS. We particularly wanted them to go back to an English usage education and Australia's system still looks great. K (12yr old) wants to pursue the Aviation Program, so looking into that in Qld. Unfortunately I'll be a long distance from Dad (he's near Ballarat) but at least still be in the same country, which is what was the hardest when mum became sick. Paying the annual student fees is going to cost a lot, but "しょうがないねー” (oh well!). I'll apply for a student guardian visa. T will still have 6yrs before graduating HS.

 

Husband explained he needs to (or wants to, which is great that he loves his work/research) stay for another 5 years at his lab to get a good level pension. He will then apply for a job in OZ. Even tho he'll be 60, he is of exceptional level in his research field and could possibly forge something easily with the unis that he occasionally gives speeches at/collaborates with now, Wollongong and Adelaide. The boys will hopefully want to continue at a uni in Oz.

 

Can anyone foresee any problems with that plan? Any suggestions or advice?

 

Cheers

Allyozuk

[Ozmaniac]

All seems quite straightforward (though you can't work on a Student Guardian visa - is that a problem?) until you get to the plan for your husband to apply for a job after another 5 years. Because of his age, he would only be eligible for an employer sponsored visa and for that, he would need to be nominated as a senior academic by a university in Australia or as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian government scientific agency. From what you've written, that may well be possible but the need for employer sponsorship as well as a job adds another level of complexity to the process.

[Allyozuk]

Thanks Ozmaniac. Good to know all the caveats. Not working isn't an issue. Been a stay at home for several years now due to visa restrictions in USA and Japan, volunteering most of the time. Husband is a researcher at a governmental national lab, entering 15 yrs ago at a distinguished level so no problem there either.