paulhand

If you don’t meet the 2 year residency requirement you cannot get a 5 year RRV. No exceptions. If you apply now and demonstrate substantial ties of benefit to Australia you will get a one year RRV. But be aware that processing times are now 3 months plus for these types of RRV, so if you want to travel later this year get an application in sooner rather than later.

I think it's unlikely that anyone here would disagree with you ...

Your post raises a number of points. To answer your specific question, RRV applications which don't meet the residence requirements are indeed taking 3 months to process, whether they are granted or not. The timeframe is not a guide as to whether the visa will be granted or not. As @verystormy says, processing times have ballooned. This type of RRV used to take a couple of days. More generally, this is an example of why so many posts from RMAs and experienced forum members advise not taking advice from Departmental officials. If you have uncertainties, consult an RMA who knows the law around your issue. In your case you could/should have applied for a bridging visa that would have allowed you to return to Australia, or better yet, if you were planning to make the move within three months, as you suggest with your 157 comments, stayed until the visa was decided. I'm not sure how or why you have concluded you do not qualify for a 155 visa, but the 157 is not a consolation prize for not meeting the 155 grant criteria. It has a high bar in its test of your reasons for leaving Australia when you did.

You can apply for a 461 in London if your Kiwi partner is moving to Australia with you and he will receive a subclass 444 on arrival. I would not expect an outcome within the timeframe you have given. You should get some professional advice on a proper way forward as your primary plan has a number of flaws in it.

How long have you been in Australia as permanent residents?

No - the two year requirement needs to be met at the time of application. All I was saying is that processing times have increased significantly and if you want your new RRV to kick in before the skilled visa expires you are cutting it fine.

You cannot ‘extend’ a visa. However, if you can demonstrate “significant ties” to Australia, which are of benefit to Australia, you may be able to obtain a Resident Return Visa (RRV) which would continue your permenant residence. You may wish to contact an RMA with the details of your situation for an accurate assessment of your chances of success.

You will not get a 5 year RRV if you do not meet the 2 year residency requirement. Provided you demonstrate significant ties to Australia, you would get a one year RRV. Be aware that these types of RRV are taking around three months to process, so I would apply soon.

If you have a Registered Migration Agent, they should be able to answer this question. However, see my post here for general information on the subject:

Immigration SA has announced that it will re-open the application system for Subclass 188 and 132 state nominated applications on 7 June 2018, although only a limited number of places will be available. Immigration SA will only accept applications from applicants who have shown a commitment to South Australia by previously visiting that state and will require evidence of this to be provided with the application (effective for applications submitted from 3pm on 7 June 2018). Those missing out on places in this round, will be able to reapply from early July 2018 when the new program year commences. http://www.migration.sa.gov.au/news-events/news-releases/immigration-sa-to-re-open-188-132-state-nomination-applications

Understood - the election was entirely involuntary - I have PM'd the @The Pom Queen - perhaps you could delete the messages above, which don't add much to the conversation. Apologies for the confusion.

Hi - that's not possible unfortunately, as I am unable to send PMs, even to you! I think you need to start the conversation and I can reply. Cheers

RRV processing times for anything non standard have increased significantly recently. 12 weeks + is not, unfortunately, unusual.

For some reason, I can't PM you. You can reach me at enquire(at)suncoastmigration.com Many thanks

I’ll PM you.

You are permitted to work 40 hours per rolling fortnight (14 days) whilst the course in in session. This includes exam periods. So the simple answer to your question is, yes, it’s a breach of the condition.

There is a degree of confusion in the forums on this subject. If you are offshore, you are only considered a permenant resident of Australia if you hold a valid visa allowing you to return as a PR. If your PR Visa expires when you are offshore you are no longer a permanent resident, you become a former permanent resident. To regain your permenant residence status you need to be granted an RRV. Former PRs are able to get RRVs, even if they have entered Australia as a temporary visa holder in the interim. The temporary visa does not ‘cancel’ the PR as the PR no longer exists. There are various permutations of requirements for an RRV based on location when applying and length of absence - the exact details will depend on your exact circumstances. In all cases, if you do not meet the 2 years in 5 residency requirement, you must demonstrate that you have “substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia”. Additionally, if you have been absent from Australia for more than 5 years you must demonstrate “compelling reasons” for that absence. Given the costs and complexity of most other visa pathways, for any former PR it is generally worth properly investigating whether an RRV is an option. It is worth having an RMA look at the specific circumstances of your case and advising you.

Make them into a PDF: https://www.homeaffairs.gov.au/trav/visa/atta

You're not a citizen until you've done the ceremony. Once you are a citizen then you must leave/enter Australia on your Australian passport. Yes you can. You don't want to be standing in the non-EU queue at LHR!

Here's the checklist: https://www.homeaffairs.gov.au/Citizenship/Pages/Document-checklist-for-Australian-citizenship.aspx

This is true, provided that the RRV mentioned by the OP was granted before the travel period on their original permanent visa expired. If there was a period between the expiry and the granting of the RRV, and they were offshore, that will reset their PR date under the proposed changes.

Yes you can

Easy to do from your immi account. Just click on the ‘update us’ link and then ‘change of passport details’.

Yes I am. I will PM you my details.

This is what Home Affairs say: https://www.homeaffairs.gov.au/trav/visa-1/155-?modal=/visas/supporting/Pages/155/have-ties-of-benefit-to-Australia.aspx