Returning Resident

[surferjoe]

Hi everyone,

I was wondering if anyone could throw some light on this senario, or even maybe have been there?!

My partner has spent more than half her life, (26 years), living in Victoria, Australia. She moved to Cornwall, UK in 95, where we met. We are at present living and working in France. We want to move to Australia, and of course for my partner it will be great for her to go home, as she considers herself to be Australian and there is her home, although not a citizen.

We are using a registered migration agency to help us. We asked about the 'returning residents visa' catagory. We were told that my partner cannot use this catagory. We asked why, and were told that although she complies with all the relevant criteria for this visa, she is over 45 years of age.

Has anyone had a similar experience? Has anyone managed to get back home using the returning residents visa and been over 45?

My partner, as I do, feel strongly about this rejection of not being able to return home. She was educated there. Maried there. Home owner. Had a mortgage there. Worked and paid her taxes there. Etc, etc. Her sister lives there (Almost 40 years). Yet she has basically, from what we can see, been denied the right to go home.

Can anyone explain why the Australian Government has put this rediculous age limit on ex residents that wan't to come home, work and pay their taxes again?

As we are very keen to get to Australia, I am at present in the process of applying for an RSMS visa, as we are both over 45, (but not by much!), and were told that this is our only option, with the hope of obtaining an offer of work within my line of work, the Construction Industry. But obviously, if my partner can get back in as a returning resident, this would be a better option.

Any thoughts or comments on this subject will read with great interest.

Happy New Year to all and hope all your wishes and dreams of getting to Oz come true for you!

Surferjoe.

[deej]

What visa has your agent recommended?

[surferjoe]

Hi Deej,

The visa recomneded by our migration agency is the RSMS visa, (Regional Sponsored Migration Scheme), which I believe is under the main Employer Nominated Sponosrship visa class. This is where I have to find a employer/sponsor. It has to be in a regional area, which is specified under certain post code areas. It also has to be a permanant position that is gauranteed for a minimum of 2 years at at least the going rate of pay for that specific trade or positon offered to you etc. etc.

A fairly complicated visa, especially as I am over 45. So if my partner were to return home on the returning residents visa, it would be much simpler.

Regards,

surferjoe

[Gollywobbler]

Hello Surfer Joe

Welcome to Poms in Oz.

There is no such thing as a "Registered Migration Agency." Only an individual can be registered as an Agent by the MARA, so which Agent has been advising you, please?

Migration Agents Registration Authority

In relation to your Partner we are discussing a subclass 151 Former Resident visa:

Former Resident Visa (Subclass 151)

Eligibility:

Former Resident Visa (Subclass 151)

On the face of it your Agent appears to be right, though there have been a string of Appeals to the Migration Review Tribunal against visa refusals in this category:

AustLII Results - Former Resident + subclass 151

I do not have time to read all the cases myself. Please go through them and if anything looks as if it might help you, please give me the link to the relevant Appeal. My hunch is that there is probably no flexibility in the idea of the cut-off age for eligibility being 45 but it is worth a look just in case.

Best wishes

Gill

[surferjoe]

Hi Gill,

Thanks for the info, it makes interesting reading, although I only read the first 4.

What those cases seem to relate to is the applicants proof of being a permanent resident between 0 and 18 years of age. This, my partner can proove without any doubt what so ever, as with all the other criteria needed.

What none of the cases I had read, or anywhere else I have tried to research, is why is there a 45 years of age limit on a returning residnet. I would like to find out 'why'. What is the reason? I could understand an age limit of say, 55, but 45 is still a young person with potentially another 20 years of working life ahead of them. In fact the 45 age limit on all skilled visa applications seems daft to me!

Surely, with the critical skills shortage in the country, the Government would be wise to welcome returning residnets with the skills desperatly needed who wish to come home and continue to work and contribute to the economy.

The Migration Agency we are using is called; **************** ***************.com

They have been very helpful so far, although they have not been able to provide much info relating to why the age limit is fixed at 45 for the returning residents visa.

Thanks once again Gill for the info.

Nick