paulhand

Make them into a PDF:

https://www.homeaffairs.gov.au/trav/visa/atta

1 hour ago, F.a.m said:

I recently had approval of Australian citizenship, but still waiting to receive a letter of invitation from my local council for my citizenship ceremony.

I will be traveling back to the UK in September for a month, can I still travel on my UK passport or do I need to apply for a Aussie passport and use that passport from now on?

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.

1 hour ago, F.a.m said:

Also if I have both  a UK and Australian passport, can I leave Australia on the Australian passport and then enter the UK on my UK passport and do it the other way round  when returning to Australia.

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

11 hours ago, NickyNook said:

Not sure why you think the law change would make any difference to you. The law change basically will require people to have lived here for 4 years on a PR visa - instead of the current requirement which is 4 years residency with at least one year on a PR visa. You've got the 4 years on a PR visa already so it won't make one bit of difference to you. 

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.  

24 minutes ago, Yelverton said:

So can I apply in June this year (if I count our first year as being out of Australia followed by 3 years in the country) or do I have to wait until June 2019?

Yes you can

10 minutes ago, Ferrets said:

We have just had one of our children's British passports renewed, and it occurred there are probably some more actions required to ensure his 189 visa is connected.

Any advice on who I need to tell / what I need to update?

Thanks, Ferrets

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

4 hours ago, Kim Bird said:

Paul Hand, 

Are you a RMA? 

Thanks Kim. 

Yes I am. I will PM you my details.

14 minutes ago, Marisawright said:

I suppose the question is, what constitutes "ties"?   If they have no relatives in Australia and didn't keep their home, what possible other "ties" could be used?

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

5 minutes ago, Kim Bird said:

Thank you for your reply Paul but it sounds like there's no hope for us. 

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.

2 minutes ago, Marisawright said:

OK, I've learned something.  Recently we've had several people posting to say they came to Australia, then had to go home again because of aged parents or whatever, and have now decided they'd like to return.  I've seen other members tell them to apply giving their "compelling reasons" and they may get a 12 month RRV.    However from what you say, they have no chance whatsoever, unless they maintained their home in Australia, or have family here.  

"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.

Just now, Marisawright said:

So what you're saying is, you MUST have substantial ties, or there's no chance, no matter how compelling your reasons for absence were?

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"

3 minutes ago, Marisawright said:

In my first reply, I did say "If you don't have compelling reasons that prevented you moving, then you need to demonstrate strong ties with Australia"

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

On 25/04/2018 at 01:52, Kim Bird said:

Hi there, 

can any one please help/advice. 

We were granted a permanent visa back in 2008. We moved to Brisbane in June 2009 and left due to a very unexpected death in the family in June 2010. Our visa expired in 2013. It has taken us this long to sort things out and have enough money in which to move back to Australia which we are desperate to do. We were not aware of the visa changes until we started to look into it again recently. Is there any hope of us getting a visa now?  The main visa applicant is my husband he is 46years old and is a chartered surveyor. Having had a quick look we only seem to have 45 points due to not being under 45. Can anyone help? Many thanks, kim 

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

23 hours ago, Marisawright said:

There are two ways you can get a RRV if you don't meet the 2 years residency.   One is that you must show compelling reasons.  The other is that you have strong ties to Australia.   

If you move within the last two years then you would rely on the "strong ties" option.   You would just have to demonstrate that you've settled and committed to a life in Australia, e.g. you've bought a house or have a lease on a flat, you've got a permanent job, bank account, etc.  

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

14 hours ago, gameover98 said:

Thanks, I will. I actually did have a Skype interview from a company CEO in Perth some time back although I actually turned down that job.  I'm looking for more senior level jobs which requires a fair amount of networking though. Will just wait it out, a few more weeks won't make much of a difference.

 

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