paulhand

Currently you need to have been in Australia for 4 years before you apply and not been absent for more than 1 year during that 4 years. You also need to have been a permanent resident for 12 months before you apply and not been out of the country for more than 3 months in that 12. What you do when you are out of the country is not relevant. The government is looking to make the whole 4 years a PR requirement, so make sure you always have a valid RRV when offshore, just in case they get their way.

417 or 462 visa? The acceptable jobs are different for each. And they will want payslips to demonstrate that you did the appropriate type of work in the appropriate location(s).

I suggest you get some professional advice from an RMA, who can explain how this all works based on your circumstances.

In the sense that she meets all the criteria for a partner visa. Marriage in and of itself does not mean she would necessarily qualify for a visa.

As Ali says, you can apply for a resident return visa. The DHA website has the details. You will need to demonstrate both substantial ties to Australia (and compelling reasons for your absence if have been gone more than 5 years). If you are successful, it would only be a one year visa, so if you are three years away from graduation the timing might be a bit complex. I would have a chat with an RMA around your specific circumstances.

Just as it is - good quality colour scan.

No, unfortunately you can’t.

The info you are looking for is actually all in the instructions for the Form 1445: https://www.homeaffairs.gov.au/Forms/Documents/1445.pdf In summary (if you are on a 417): eVisa.WHM.Helpdesk@border.gov.au - Include ‘Employment Extension’ in the subject line of your email. "A request for an employment extension will only be approved in exceptional circumstances. Where permission is granted, it will generally be for a short period of time (days or weeks, not months). Exceptional circumstances must relate to an Australian permanent resident, citizen or business and must be extraordinary and unforeseeable. Exceptional circumstances might include remaining while a decision is being made on an application for a visa which would allow you to continue full-time work with your employer without leaving Australia, such as an application for a Temporary Business (Long Stay) visa or a Spouse visa."

You are a long way from that scenario, given your circumstances.

As Ali says, a lot can change in 5 years. If you can't stay for two months to get the 5 year RRV, then I suggest you apply for a one year one well before your current one expires. There is no reason that should not be granted, based on what you say. This means that you will still have your PR current and any trips back in the next few years will count towards the 2 years in 5 for a 5 year RRV. When that one is close to expiring, apply again.

Good advice. Your situation is too involved for a generic public forum.

He can just fill in a new one as long as you still have the actual employment evidence. https://www.homeaffairs.gov.au/Forms/Documents/1263.pdf

If you are overseas when your current permanent visa expires your permanent resident status also expires, application submitted or not. This does not mean it cannot be reinstated by the grant of an RRV later.

Under current policy for the substantial ties clause, owning a property could be considered a substantial personal tie. Unless your papers are specially Australian in focus then that would not count as substantial ties with Australia.

Yes, you can apply for an RRV and in that application you will need to detail the substantial ties to Australia that you mention in your post and provide some evidence of them. An RRV application is not an automatic application for a bridging visa, so you will need to make a separate application for a Bridging Visa A (BVA) based on the RRV application and once you have that you can apply for a Bridging visa B (BVB) which will allow you to travel and return to Australia.

As long as he still meets the other criteria he is good to go.

Because if you hold a bridging visa issued when you held a substantive visa and that visa is cancelled, the bridging visa automatically ceases by operation of law.

As you are making an internet application, you only need to upload good quality colour scans of the original documents. They do not need to be certified. You will be asked to provide health (and police) checks when the Department is ready for them. Although it is possible to front-load an application with them, they both have a one year expiry and if processing goes near or beyond that you may have a very short time in which to enter Australia or need to do them again. Health info here: https://www.homeaffairs.gov.au/trav/visa/heal/meeting-the-health-requirement/arranging-a-health-examination

Yes it does indeed. Professional advice with all the facts known is definitely the best way forward in a case like this.

Substantial ties come first - if you can’t show this then no amount of compelling circumstances for absence matter, so approach it from that angle. Remember also that you cannot add dependents to an RRV application, so if you get granted yours you will still need to separately arrange visas for the children.

If you’ve been gone for 9 years, the best you would get is a one year RRV. Definitely worth getting advice on the best way to craft an RRV application. At this length of absence, it begins to get complex as you will need to demonstrate substantial ties and compelling reasons for the length of absence.

Your visa is what determines your ability to enter, and stay in, Australia, not your CoE. You can check your visa grant letter for exact details, but your scenario looks fine.

This is correct As this is a 2-stage visa, it works slightly differently. The initial temporary 309 visa is valid until the permanent 100 visa is decided. Assuming the 100 is granted, your initial 'must not arrive after' date is 5 years from the grant of the 100 visa. You can travel freely on the visa during this period. You need to have been in Australia for 2 years in the previous 5 as a permanent resident to be granted a 5 year RRV. If you have significant ties to Australia (such as an Aussie partner) then you can be granted a one year RRV if you don't meet the 2 in 5 residence requirement.

As Nemesis says: - you cannot get a bridging visa if you applied offshore; - your situation is fairly messy and you would be better off getting some bespoke advice that fits your situation rather than general advice on the forum, which might not be appropriate for you.

I agree with Ali and Marisa - depending on when you want to travel it’s worth taking a look to see if you can get an RRV. There’s obviously some expense involved, but it would help keep some options open. Even if you returned on an eVisitor you would not ‘cancel’ your former permanent status. The warning only applies if you have a current PR visa.