Some advice please- Residents return visa

**micman** · 19-03-2010, 05:12 PM

Just browsing through the forum it seems like I could have found the fountain of all knowledge regarding our wish to settle in Australia!

My partner recently applied for her residents return visa to be re-instated but it was returned as refused yesterday as she left Australia on that visa back in 1997 so obviously after the 10 year period.

There were genuine reasons for her leaving Australia at that time but they didn't seem to count either when it came to applying for this visa.

She is 43, I am 51 and we already have a house in Ormeau (between Brissy and the Gold Coast) ready to move in to.
The very nice girl at Australia house seemed to think there was a different type of return visa for people who have been away for more than 10 years so I was wondering if anyone knows anything about that visa? (she couldn't provide the visa class number!)
To add insult to injury, my 3 stepkids (Partner's kids) all have Australia Citizenship and Australian passports but only one of them wants to move to Oz so that doesn't help!

Any suggestions (sensible please!) ideas very welcome as our youngest finishes school next year and is keen to move out late 2011 - and doesn't really want to go without us!

***Moving 2 Melbourne*** · 20-03-2010, 09:15 AM

Hi Micman
I am sorry to hear of your dilemma, hopefully someone will pick up your questions soon and be able to advise. Otherwise try contacting one of the agents who post on here.
Hope everything works out for you both
Kate

**Pumpkin** · 20-03-2010, 10:57 AM

I have just spent a bit of time looking around, but I cannot find any reference to a visa for people that left Australia over ten years ago.

I did once read about a visa for people who had PR as children for a significant length of time and then left due to parents decisions. I can't even find that again at the moment though. I presume this is not the case for your OH, but it could be what the lady in Australia House was talking about?

**chris_mac** · 20-03-2010, 11:07 AM

Hi Micman

Just been looking at the 5 year RRV (sub class 155) and its obligations.

If you have been absent for more than five years, which you have, are you able to provide evidence of compelling reasons for your absence? If so, this might be the way.

This may be a way forward but i would highly recommmend speaking to a reputable agent to find out 100%.

Good luck.

Chris

**emmaroo** · 20-03-2010, 03:00 PM

Hi

I was granted a RRV (155) it was not a straight forward application though. As far as compelling reasons go, it is why you have stayed away from Australia they are interested in not why you left. I also went into the immigration office and spoke to advisor face to face which was much better. I was also advised that applying onshore for this visa is better too!

Good Luck

Emma

**Mongrel** · 20-03-2010, 03:44 PM

Originally Posted by emmaroo

Hi

I was granted a RRV (155) it was not a straight forward application though. As far as compelling reasons go, it is why you have stayed away from Australia they are interested in not why you left. I also went into the immigration office and spoke to advisor face to face which was much better. I was also advised that applying onshore for this visa is better too!

Good Luck

Emma

Or you have a rich daddy

**emmaroo** · 20-03-2010, 04:14 PM

Originally Posted by yorkshirepom

Or you have a rich daddy

do you know something that I don't?

**micman** · 20-03-2010, 04:57 PM

Originally Posted by chris_mac

Hi Micman

Just been looking at the 5 year RRV (sub class 155) and its obligations.

If you have been absent for more than five years, which you have, are you able to provide evidence of compelling reasons for your absence? If so, this might be the way.

This may be a way forward but i would highly recommmend speaking to a reputable agent to find out 100%.

Good luck.

Chris

Hi Chris (and everyone else who has replied so far!)

Well, we thought that we had compelling reasons but it seems that divorce, losing our respective parents through illness etc just wasn't compelling enough.

It does seem crazy that we both have a proven succesful business career, can bring our experience to Australia and employ local people once we establish ourselves, have kids who are Australian citizens with Aussie passports and yet, there are hardly any doors open to us?

Family visa won't apply as I have my own kids who are settled here and wouldn't want to move so the ratio of kids in UK v Australia wouldn't count in our favour and only one of the 3 Aussie ones wants to move anyway!

Business visa doesn't apply as our turnover doesn't meet the visa requirement despite the fact we have always made a profit. That one is all about the turnover which isn't high enough in our line of work!

I've spoken to a well known agent today and his advice is to find a company foolish enough to sponsor a 51 year old Media training Video journalist and radio broadcaster on a 457 visa so, as Alexander Meercat would say. . . . . . .Simples!

**micman** · 29-03-2010, 09:22 AM

With all of the above in mind, other than going down the 457 employer sponsored route, can anyone suggest another course of action for us?
Youngest child will be leaving UK to live in Brisbane with his Dad this time next year and we really want to be there by 2012.
We already have our own house in Ormeau and "potential" for our business but at 51, I can't see any options other than the 457?

Has anyone ever appealed succesfully about a return residents visa decision? Had my partner known that she was elegible to have this re-instated in Australia, she would have had this done on one of the 6 occasions we have travelled there for holidays in the past 10 years.

Thanks for your help again everyone!