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paulhand

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Everything posted by paulhand

  1. Make them into a PDF: https://www.homeaffairs.gov.au/trav/visa/atta
  2. 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!
  3. Here's the checklist: https://www.homeaffairs.gov.au/Citizenship/Pages/Document-checklist-for-Australian-citizenship.aspx
  4. 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.
  5. Easy to do from your immi account. Just click on the ‘update us’ link and then ‘change of passport details’.
  6. 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
  7. A decent RMA should be able to provide you a more accurate assessment of the likelihood of success based on your individual circumstances. If they think it reasonable they can help you craft the application, which costs $365, and you would likely get a decision within 6-7 weeks. It really depends on what ties you have maintained and the compelling reasons for your absence. If you are very keen to return, it would be worth exploring this option before others.
  8. "Significant ties" has a much wider and more flexible interpretation than that, and there is detailed Departmental policy around what can be considered. Clearly house and family are very significant ties, but many other factors are also relevant. Each person will have their own unique set of circumstances. What I am saying is that, provided someone has established, and maintained, ties with Australia, then a well crafted RRV application is worth considering given all the other options to regain PR are significantly more complex and expensive. There are many good news stories on these forums around this, but it's important to understand what needs to be demonstrated in the application. The "compelling reasons" frequently mentioned aren't a factor in law or policy unless the absence is longer than 5 years.
  9. Correct - what the relevant part of the law says is: "the Minister is satisfied that the applicant has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia, and the applicant: (a) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence"
  10. It's the other way around - you must have the substantial ties whatever the reasons for not meeting the 2 year residency. There is no requirement to demonstrate 'compelling reasons' unless you have been absent for 5 years before the application is made. Paul Hand MARN 1801974
  11. As mentioned by LKC, you can make an application for an RRV. Assuming you have been away from Australia continuously for more than five years (i.e. you haven't returned at all since June 2010) you will need to demonstrate that you still have "substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia" and also that there were "compelling reasons" for your absence. I have seen RRV applications with this type of time line granted, but it will depend on your specific ties and circumstances. A well crafted application may get you over the line, which would be much much simpler than trying to start from scratch, given ages etc. Hope that helps Paul Hand MARN 1801974
  12. This is not strictly true. There is one way to get an RRV if you don't meet the 2 year residency and that is to demonstrate "substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia." The 'compelling reasons' for absence become additionally relevant when there is a period of 5 years absence immediately prior to making the application. To answer the OP's question: yes you can apply, and you would need to demonstrate the substantial ties of benefit to Australia. Your son's eligibility would depend on whether he remains dependant on you. It only makes sense to apply if you actually intend to use the RRV in the year after it is granted; there won't be much mileage in trying to kick the can down the road on a rolling basis. Paul Hand MARN 1801974
  13. Non-standard RRV processing times have increased very significantly in the past 18 months. In late 2016, a couple of days was reasonable, now 4-6 weeks seems to be the norm. The Department's website suggests that 90% of RRVs are processed within 47 days - it would be reasonable to follow up at that point. As you have been in Australia as a permanent resident within the last five years, but not for two years in the previous five, what you need to have demonstrated in your application is that you have "substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia". The reason for your absence is not relevant unless you have been away for more than 5 years. In terms of travel to Australia, because you are offshore and the travel part of your visa has expired, your PR visa is now no longer in effect and therefore there is nothing 'to cancel' if you get a temporary visa in the meantime. RRVs are available to former permanent residents who may have travelled to Australia on ETAs or temporary visas since last holding a permanent visa. However, as you have already applied for the RRV, it is probably better to wait it out offshore. You will obviously be in a much better position to look for a job in Aus if you already hold the permanent visa rather than having just applied for one. As you are aware, if granted, you will get a visa with a one year travel facility from the date of grant. Hope this helps. Paul Hand MARN 1801974
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