Resident Return Visa - Need help if I stay in Australia less than 2 years out of 5 years

I have obtained my PR visa in July 2010 and I visited OZ in April 2011 to validate my visa. My PR visa will be valid until early July 2015. I still have about 3 years more to move to Australia. My family (wife and 2 kids) are Thai and currently working in Bangkok. Both my wife and I are senior management staff in finance of different private companies. We are both a member of the professional accounting body in the UK. Because of business opportunity, we are making quite good money in Bangkok. We want to have a some financial freedom before we move to stay permanently in Australia. If we could manage to get the RRV for 5 years i.e. until 2020, we should be able to achieve that financial goal. My wife and I are well aware that if we migrate to Australia, we will find it difficult to get a decent office job and it may take sometime to secure the jobs. If I could get the RRV which will be valid until 2020, my whole family will be permanently settle down in Australia.

 

I understand that if I do not stay in Australia for 2 years out of 5 years, I will need to prove that I have substantial business, cultural, employment or personal ties of benefits to Australia to apply for RRV. While I still have 3 years more, I would appreciate for advice on what I should do from now until July 2015 to prove the substantial business, cultural, employment or personal ties of benefits to Australia. For example, should I buy a house in Australia, open bank account in Australian and transfer the money regularly for a fixed term deposit there? Or should I become a member of certain Australian business association in Thailand etc.?

 

Very much appreciate it for all advice.

 

Cheers

 

Allan

 

 

To get a 5 year RRV you need to have spent 2 years of the previous 5 in Australia on PR. You will not get a 5 year RRV unless you satisfy this criteria. I think the 2 years is 2 years with feet on Australian soil and actually living the dream and not just an empty property, bank account and activity from overseas.

There is now a new 1 year RRV.............you are eligible for this if you do not satisy the 5 year RRV criteria and if you have spent just one day of the previous 5 years in Australia on PR. However, to get this 1 year RRV you must also show ties to Australia.....I think these 'ties' are also at the discretion of the immi officer dealing with your application as much of it is in not only convincing them that you have made efforts to live but also that you have left enough behind to return too and intend on returning and staying........they like to see proof of ongoing accommodation (rental or bought), Bank accounts with cash in them, TFN, Drivers Licence, Medicare, Jobs (or evidence of job search) etc. Stuff that shows that you are actually living in Australia and intending to return/stay.

There is also a 3 month RRV. This is issued if you can't meet the criteria for a 1 year RRV.

In relation to the 1 year & 3 month RRV I also think that emphasis it put on why it is you are wanting to leave and they need convincing that these reasons are valid and acceptable. Family issues, marriages, deaths etc are seen as valid reasons.

Immi criteria changes like the wind and there is no guarantee that these RRV's will remain in place or that the current criteria will not change between now and 2015 or 2020.

Thank you so much for a very quick response.

I saw in the previous post that it would be so much easier if I apply for the RRV in Australia, rather than from offshore. Under that arrangement, it somehow shows that I have some "ties" to Australia although my stay is not long. The comments suggest that I travel to Australia before the expiry of my PR visa and in case, the RRV is not approved, then I can continue to stay in Australia without a need to obtain RRV.

Do you think that suggestion would work? Do you have any idea of how long it will take for the immi department to process the RRV application? Based in the immi website, it says that the process will take 1 day if the application is made in Australia and the applicant meets the 2 year resident in Australia, or one week if the 2 years out of 5 years in Australia requirement is not met.

I also heard another option is to have my wife and kids to move to Australia first (just before the expiry of the PR visa) and when she can apply for a RRV (maybe even before she meets the 2-year stay in Australia), then as a husband, I can also meet the 5-year RRV criteria. Kids will attend the school there, and my wife may or may not be able to get the job in Australia. Please advise if this will work?

Thank you so much for a very quick response.

 

I saw in the previous post that it would be so much easier if I apply for the RRV in Australia, rather than from offshore. Under that arrangement, it somehow shows that I have some "ties" to Australia although my stay is not long. The comments suggest that I travel to Australia before the expiry of my PR visa and in case, the RRV is not approved, then I can continue to stay in Australia without a need to obtain RRV.

 

Do you think that suggestion would work?

 

 

That is what many have done or plan to do in those circumstance. They apply for PR, validate it and then for many reasons they dont actually move to Australia straight away. Very common. Some let the it expire beyond the "must not arrive after" date and then may need to apply for an offshore RRV, which is difficult to acquire the less 'time' spent in Australia and likley will need a very good migration agent. I believe this can be more compelling family members are already in Australia but is a personal case by case issue.

Most will eventually take the leap and migrate before the "must not arrive after" date but if they want to leave and return after this date then they must have an additional visa/status in place to be able to return. The RRV is one sort, which has criteria dependent on prior personal input into Australia......i.e 'Ties'. Citizenship is another.

I am confused. I thought you implied in your OP that moving to Australia before 2015 was not possible due to financial restrictions and employment prospects.

Regardless, RRV criteria come into play for you in 2015. Without the two year rule you wont get the 5 year RRV! Applying offshore for RRV's for you and your family would be difficult without 'time in' and 'ties in' Australia.

I also heard another option is to have my wife and kids to move to Australia first (just before the expiry of the PR visa) and when she can apply for a RRV (maybe even before she meets the 2-year stay in Australia), then as a husband, I can also meet the 5-year RRV criteria. Kids will attend the school there, and my wife may or may not be able to get the job in Australia. Please advise if this will work?

Again, unless you and your wife spend 2 years in Australia.......you wont get the 5 year RRV!

Thank you for your comments.

I mean my wife will go and stay in Australia in June 2015 i.e. one month before expire. When she stays there for 2 years, then she applies for 5-year RRV. When she gets RRV, I will also apply for RRV from offshore. Based on immi website, if my wife holds RRV, I can also apply for RRV.

I am not sure if this is the case.

Thank you for your comments.

 

I mean my wife will go and stay in Australia in June 2015 i.e. one month before expire. When she stays there for 2 years, then she applies for 5-year RRV. When she gets RRV, I will also apply for RRV from offshore. Based on immi website, if my wife holds RRV, I can also apply for RRV.

 

I am not sure if this is the case.

So you're planning on not seeing your wife for two years?

Thank you for your comments.

 

I mean my wife will go and stay in Australia in June 2015 i.e. one month before expire. When she stays there for 2 years, then she applies for 5-year RRV. When she gets RRV, I will also apply for RRV from offshore. Based on immi website, if my wife holds RRV, I can also apply for RRV.

 

I am not sure if this is the case.

Seems a bit of a long shot to be planning to do this for 2017 when immigration legislation changes so frequently. The RRV may not even exist in its current form by then.

Are you intent on being apart for those two years? Is so, then I should imagine that this will bring some scrutiny from immigration officers, particularly if your wife/family are being supported from overseas if the job opportunities for her are as restricted as you have suggested.

Also not sure how easy it will be for you to claim the RRV offshore at that time either as curremntly you would only get a 1 year RRV and still need to show your 'ties'.

Many thanks for your comments.

I plan to visit my wife and kids every 2 month. I can manage to work from home in Australia for one week every 2 months. When my visa is expired, I will visit them on tourist visa.

I totally agree that the legislation keeps changing frequently and it is true that the RRV may not even exist by then. It appears that I have no choice, but to migrate with the whole family before the expiry of our PR visa.

I am just trying to explore the option that I can delay to move. It is a difficult decision to give up the excellent opportunity in Thailand. I also explore the options that I move to Australia for 4 years and apply for citizenship and then return back to Thailand. But the opportunity won't be waiting for 4 years, especially if I could not manage to get a relevant skill job in Australia to upgrade my existing skill. I have some friends living in Australia and they said it is difficult to get a relevant skill job in Australia and even if I can get the job, I would need to significantly downgrade the role and responsibility and of course money.

Is it a good idea to discuss my plan with the immi agent for their advice?

When my visa is expired, I will visit them on tourist visa.

Not if you're wanting an RRV you won't...

You got your visas in 2010 and want Immigration to allow you to only make use of it 10 years later???

I'm surprised that Immigration is ok with all these dodgy "validation trips". In my opinion, they should only give people 6-12 months to fully relocate to Australia, else the visa is cancelled again. If people are allowed to enter 5 years after obtaining a visa that based on their skills, how can this whole migration system then be targeted at current skills shortages???

You got your visas in 2010 and want Immigration to allow you to only make use of it 10 years later???

I'm surprised that Immigration is ok with all these dodgy "validation trips". In my opinion, they should only give people 6-12 months to fully relocate to Australia, else the visa is cancelled again. If people are allowed to enter 5 years after obtaining a visa that based on their skills, how can this whole migration system then be targeted at current skills shortages???

Totally agree.

Visas are issued based on skills required at that time - not 10 years later.

Five years is a more than generous enough length of time to get affairs in order and move.

The OP needs to decide what his priorities are - the lucrative job or the Australian visa.

I plan to visit my wife and kids every 2 month. I can manage to work from home in Australia for one week every 2 months. When my visa is expired, I will visit them on tourist visa.

 

I totally agree that the legislation keeps changing frequently and it is true that the RRV may not even exist by then. It appears that I have no choice, but to migrate with the whole family before the expiry of our PR visa.

No choice but to emmigrate? That was the whole point of the skilled migrant visa, to emigrate ... if you feel it is a matter of having no choice, then just forget about it, nobody is forcing you to emigrate and quite frankly 5 years is more than enough time. The idea is not to emigrate 10 years later when the best of your working years are behind you (possibly).

Is it a good idea to discuss my plan with the immi agent for their advice?

No, they will not be even remotely interested in your personal timing / plans.

I was following this post as I am having similar situation. Having a baby during these 5 years in Australia who becomes Australian Citizen is good enough

to prove your ties with Australia or not.

If I dont spend 2 out of 5 years due to some personal reasons but somehow manage to have a baby in Australian soil and spending 4-5 months over there

during that time and then I shift to Australia around 5-6 months prior to my visa expiry and applies for RRV.

what you say?

Hi,

I am a PR holder of AU. Got PR in 2012 June & is getting expired tomorrow i.e.01/06/2017. I visited AU 4 times in this 5 year period. I came to India as my mother was ill & bed ridden. I am the only son to take care of her but unfortunately she passed away after ailing for 7 months. After her demise her property issue cropped up as i am the only inheriter of it. Now the case is in the court of law. In between all this hurdles my visa got expired. But now i have got a job in Perth for which i was about to leave, but my PR multiple entry period is over. Please help me by advising to get RRV by applying online from India(offshore). I don't know whether i am eligible for 3 months RRV. Kindly let me know about me getting RRV. 

@kulsumt No one can say if it will be successful or not. Since you say you have a job, I would go ahead and submit the RRV with the job offer. You may be given a 3 month RRV. But unless you try you will never know. I would just go ahead and submit a application without delay.