paulhand

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.

Good to hear. Thanks for letting us know. 

On 29/08/2018 at 04:48, Tom92 said:

Hi, I was just granted a 476 with "For first entry, arrive by 10 July 2019" and "Must not arrive after 29 February 2020".

According to the answers in this topic, this means I can't reenter Australia after the latter date without switching my immigration status or RRV. Does this mean I can't reenter if a get another visa granted either? I wanted to be able to use my second year 462 after the 476.

What it means is that you cannot enter Australia on that visa after that date. If you get another visa granted, the previous one will cease and the new one will have its own set of conditions that need to be complied with. You cannot get an RRV because a 476 is a temporary visa.

12 minutes ago, Marisawright said:

You have had five years to move to Australia.  As you have let the whole five years go by and never lived in Australia, you must show good reasons why you haven't done so, otherwise they will refuse your RRV.  Then you will lose your ability to enter Australia altogether. 

This is not the case, he has been in Australia since April.

In any case, an RRV application does not need to address reasons for absence, unless that absence has effectively been for five continuous years. Otherwise to be granted an RRV, it is 'only' necessary to demonstrate that there are substantial ties to Australia which are of benefit to Australia. Having a job is a substantial tie, as is owning/leasing a property in Australia.

9 minutes ago, mext60 said:

Thanks Tom and Marisa for your responses. I believe I was not very clear in my earlier message, I am now based in Perth and need to travel frequently out of Australia for work reasons (as I am currently also travelling for work but will be back one week before expiry of current visa) so my worry is that if I don’t get my RRV then my upcoming work travel in mid October will be jeopardised.

I suggest that you contact the Department again on your return, if your visa has not been granted in the interim, and provide them with concrete details of your future required work travel commitments. Just make sure you are back before your visa expires in September!

12 minutes ago, @lessia said:

Hi,

I have a Visitor VISA (sub 651) lasting 12 months but with to possibility to stay for periods of 3 months. The question is: are 3 months 90 days or from a day to the same day after 3 months (Let's say from 15th to 15th)?

Thanks!

3 months - 15th to 15th ...

2 hours ago, Loxxy said:

Thank you again Paul. How much do you charge for advice please? I'd be happy to pay for guidance on any additional steps that I can take to increase my likelihood of securing a second RRV.

If you go to my website (link in signature) - you can fill in the contact me form and I will take a look at this for you.

8 hours ago, greenwood1988 said:

who still waiting for approval in australian citizenship

More than 200,000 people ...

https://www.sbs.com.au/yourlanguage/hindi/en/article/2018/08/20/australian-citizenship-more-staff-be-deployed-process-backlog

14 hours ago, rammygirl said:

Just saying that these are the arguments that immigration might use to refuse another RRV, you know your situation I don’t but you need to think outside the box if you really want to move.

As the OP has not been absent from Australia for 5 years since they last left Australia as a PR their reasons for absence are not relevant to this application. All the law requires is that they demonstrate substantial ties that are of benefit to Australia. 

14 hours ago, Loxxy said:

Will a duplication of the same evidence of substantial ties be acceptable/ necessary, e.g. certified copy of Australian citizen partner's passport again etc. or will additional evidence be expected for a second RRV?

You should put as much evidence as you have that demonstrates you are maintaining your ties. As Raul has said, this is becoming harder to demonstrate in the current environment and getting some professional help is a good idea. 

14 hours ago, Loxxy said:

Is there a limit to how many RRVs you can get?

No there isn't, as long as you meet the requirements.

4 hours ago, Loxxy said:

Hi there - many thanks in advance to anyone with experience and advice on the renewal of an RRV. 

The travel facility on my PR visa expired a long time ago (2011) but after much wrangling proving substantial ties, I was able to obtain an RRV for 1 year which expires Jan 2019. I went back to Oz in April 2018 for 3 week holiday (so activated it I guess).  However, for numerous reasons (such as being unable to sell house etc) it now looks impossible that I'm going to be able to get back to Oz permanently before expiry of this 1yr RRV.

Does anyone have any advice on renewing them? Firstly,  will i need to go through the whole proving substantial ties process again? If so, will being enrolled on a UTS course be helpful to my case?

Also, I've read that it's better to be onshore when u apply, so does this mean another holiday would be a good idea to try to extend it for another year? My concern with this is that u are still supposed to be onshore when the decision (hopefully renewal) is issued,  but if it's just a holiday i won't be able to hang around waiting. 

Any help much appreciated! xx

Yes - until you meet the 2 year residence requirement you must demonstrate substantial ties, you won’t however need to demonstrate the compelling reasons for absence that would have been required last time. 

If you apply onshore then you can be onshore or offshore for grant. However, if your current RRV has expired and you are onshore and the new one is not granted, then you can stay in Australia on the current RRV as long as you like and build the substantial ties. If you are offshore then that becomes a problem as you cannot return as a permanent resident. 

Be aware that processing times for RRVs that don’t meet the residence requirement are 3 months plus at the moment. Some as long as five, so apply sooner rather than later. 

6 hours ago, elderberry said:

My understanding you can leave without it being completed so long as visa in place when you return.

Correct - but be aware that if you are offshore without having an in effect visa allowing you to return as a permanent resident you create a break in your PR status that may be an issue for any future citizenship application, particularly if the government gets its way on a 4 year PR requirement. It would be sensible to allow a reasonable time to process your RRV before travelling after you hit 2 years. 

This would be a good place to start:

https://www.homeaffairs.gov.au/trav/visa-1/155-

6 hours ago, Marisawright said:

Just to clarify - you can't apply directly for a 186 visa.  It's only available to someone who's already in Australia on a temporary visa.  

This is only partially true - there are three streams to the 186:

- Temporary Residence Transition (TRT); Direct Entry; Labour Agreement

The TRT stream is for people already on 457/482 visas, whereas the Direct Entry stream is exactly what it says. From the DHA website: 

"Direct Entry (DE) stream: If you do not meet the requirements under the TRT stream (for example, because you have never, or only briefly worked in Australia), this stream may then be available if your employer still wishes to sponsor you for permanent residence."

https://www.homeaffairs.gov.au/trav/visa-1/186-

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. 

9 hours ago, AnnetteV said:

Hi

I'm looking for some advice.

I moved to Brisbane 1 May 2016 and was here until early January this year 18, where I left for England for five months due to my Australian partner's work there. I'm on a skilled visa and my travel facility is running out end of September this year. So I have not been here for two years, only 1 year and 7 months more or less. I'm back in Brisbane and would love to apply for a five year RRV and then go back to be with my partner in England but I'm not sure how likely it is I will get a five year RRV. 

Has anybody else been in the same situation?

Many thanks. 

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.

36 minutes ago, justcantwait said:

The agent has just got back to me, they are saying we can apply overseas or get a tourist visa and apply here. I thought the tourist visa could cancel the pr visa?

Any thoughts on this?

 

thank you x

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: