101 race against time?

[whopper]

Hello,

 

We moved to oz on a 457 visa and decided to move home. Before we did this we got our permanent residency visa (5 years) just in case we wanted to return.

Now we do!

The visa expires in april 2013. Since being back in uk we have had another child so are in process of applying for the 101 visa.

If we dont get the visa in time can we take the little one over on a tourist visa and pop in and out of oz when the visa is granted?

Also if we do this because we have not lived in oz for anytime really out of the five years, will we be let back into the country?

 

Thanks.

[lebourvellec]

Welcome to PIO.

 

Yes - many people lodge application and travel to Australia for tourist visa while it is being processed. Child 101 take about 5-7 months to process, so you should have plenty of time to get it granted before you need to be back in Australia.

 

Yes you will be let back in - you are still PR.

[whopper]

thanks for that leborvellec.

My main concern about our visa is that we will need to leave aus after our visa expires, therefore would we need a new resident return visa to allow us back into australia?

I know it is a permanent resident visa, but ive read somewhere that you need to have lived in aus for 2 years out the 5 to be guarenteed this?

fingers crossed we will get it before april!

Thanks.

[lebourvellec]

Criteria for getting a RRV in Australia is different than when you are not in Austrlalia. If you can show significant ties when you apply - I.e job, house etc, it will be likely you will get a RRV, or you may be able to get 3 month one.

 

Another option would be to travel with the baby on a tourist visa and apply onshore for the Child 802, a bridging visa would be issued until a decision was made on the child 802 visa. But they can take about 1 year.

 

But if you get your application in asap, and state that you need to be back to Australia by the date in April, you will likely get the visa granted before then.