paulhand

55 minutes ago, mikesmyth said:

She got a multiple entry 3 month visa without a "no further stay" condition

i will not marry her once she is here, because it considered a breach of tourist visa conditions (it was never mentioned in the intention for visiting when applying for the visa)

once she is here, I will apply for the PMV.

question is - what happens then? does she get bridging or not?

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. 

8 hours ago, James G said:

Hello.

I am unsure if I have posted in the correct area. Sorry if I have not mods. 

I am a UK born citizen studying at University in England and soon will be finishing. I used to live in Australia for 9 years. I forgot to renew my citizenship whilst I was living in the UK. Now I am 3 years away from finishing my degree and wanting to move to Australia for possible work. Can any one explain the process and what I must do or just any recommendations on the matter?

Many thanks in return for replies. 

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. 

3 hours ago, Lauraoco said:

Hi, please can somebody help?

I have applied for a partner visa, currently on a working holiday visa and want to apply for an extension to stay with my employer until my BVA kicks in (May '19), could someone please help me with these queries;

• What email address do you send the request too?
• How long does this request take?
• I am applying for a full six months - do you think that this would be accepted? 

Please help!

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."

6 minutes ago, AnnetteV said:

We would prefer not having to apply for a de-facto as I already have PR but will in worse case...

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.

1 hour ago, Liam13 said:

I’d say have a look for mara registered agents and get some advice.. a few often post on here 

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

11 hours ago, Leonardnadine said:

No it was signed before this I was just wondering if it would still be valid for him to apply for a second year visa 

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

13 hours ago, friction said:

Thank you Paulhand. I hope owning a property could work in favor to get a 1 year RRV or at least a 3months RRV. Research papers are not specifically Australian; related to Aerospace engineering which can be of some benefit to the economy in a broader sense. 

So if I apply for the RRV a day before the current PR expires, I guess my PR won't become invalid until the CO make a decision on the RRV application.

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. 

1 hour ago, dodagatta said:

@wrussell - why would the bridging visa be cancelled when the 190 application is based on work experience. Thanks.

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

28 minutes ago, Nemesis said:

So how long is it since you actually lived there? Your earlier post gave the impression you lived in oz till 9 years ago, but now it sounds like you left about 20 years ago!

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. 

6 hours ago, ali said:

There seems to be a mixed response - some have got the 5 year and other 1 year.   You have to demonstrate strong family ties and links to Aus.  It may be that you only get granted the 1 year.

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.

On 15/09/2018 at 08:38, Katiebobbles said:

First entry is set when the visa is granted. This is usually 1 year from when the medicals or police checks were done (whichever was first) not the visa being granted, so if you front load the application with these included but it takes 6 months to get the grant your first entry must be within the latter 6 months. However this can be a quick trip just to activate the visa.

This is correct

On 15/09/2018 at 08:38, Katiebobbles said:

In terms of a perm move when the visa has been validated you will have this date on your application also which is usually 5 years after the medical /police check (dont hold me to 5 years maybe someone who has had a grant can confirm)

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.

On 15/09/2018 at 08:38, Katiebobbles said:

However be aware if you leave it to the last minute you wont be eligible for a RRV (right to return) visa, as i think you need to have been in the country for 2 of the past 5 years to qualify for this. As such you can go into OZ but cant leave without not having a valid visa to go back. again full criteria around this is something you will need to look i to and check.

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.

5 hours ago, Nemesis said:

No idea, sorry, I'd suggest a quick chat wih an agent, unless one responds on here, to avoid causing complications with the student visa. 

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. 

It really does depend on what type of visa and how complex the application will be. The MARA website shows rough spreads based on feedback from RMAs, although this data is now somewhat out of date it gives you a ballpark. As Nemesis says, you will need to explain your situation and get a quote tailored to your circumstances.  One size doesn’t fit all in this area.

1 hour ago, BHARAT M S said:

Hi All,

I want to apply for RRV. My PR is valid till mid Sep'18. I have stayed for around 30 days during these 5 years of PR. Recently visited Australia last month. Presently I am in India. My wife is employed in Australia since Aug'18 and my daughter is along with her.  I have commitments here in India and would be able to move latest by 1st Week of Oct'18. Would like to know the processing time for RRV and also will there be any risk of rejection as I have stayed for only few days of these 5 years. 

And also some guidance for application from members would be appreciated.

Thanks

Processing times can be in excess of 3-4 months at the moment if you do not meet the 2 years in previous 5 residency requirement. To be granted an RRV you need to demonstrate that you have significant personal, business, employment or cultural ties to Australia, which are of benefit to Australia. If you cannot do this, yes you do risk having your application refused.  

Based on what you have written, you are taking a big risk allowing your visa to expire whilst you are offshore, particularly for the sake of a couple of weeks commitment elsewhere. I would recommend that you get to Australia before your current visa expires and address the RRV from there.