andyparr Posted January 19, 2013 Share Posted January 19, 2013 Hi everyone, My name is Andy and I have a question that I would like anyone's thoughts. My family and I migrated to Australia and subsequently returned to the UK in 2003. I wanted to stay in Australia however I was 11 years old at the time and unable to do so. My permanent residency visa expired in 2008 before I was unable to return as I was only 16 years old at the time. I am now 20 years old and am in a position where I would be able to return to live and work in Australia on my own. I believe I may be eligible for a one year resident return visa as long as I meet the certain conditions. I have returned to Australia on a tourist visa in 2011 so this is the last year I can apply as I would have left Australia as a resident 10 years ago in July this year. I have an employment offer from the company I work for, Apple, so feel confident I could meet the substantial ties due to employment condition. I also have family who have been citizens of australiangor over 30 years however they are Aunties, Uncles and cousins so not immediate family. I also will have completed a degree in BSc Computer Science in June this year so I am sure this will benefit Australia as I will be employable in an area that is in high demand. For compelling reasons I feel that the fact that I wanted to stay in Australia and was forced to come back to the UK because of reasons out of my control would suffice. If I had been of an age and in a situation where I could have stayed then I would have done so however I was unable to. I also would have acquired a college and university education in the uk which was another reason that I did not apply earlier or return before my visa expired. I am in the process of completing the application currently and would love some advice from anybody on what would be necessary in the application and any advice anyone can give on whether you think that my reasons would be sufficient to secure a resident return visa. Another question I have is can documents be certified by univeristy lecturers or do they have to be certified by certain people in particular? Thank you in advance, I look forward to hearing from you. Andy Quote Link to comment Share on other sites More sharing options...
Ken Posted January 19, 2013 Share Posted January 19, 2013 I think the fact that you entered Australia on a tourist visa in 2011 is going to count against you. The issue of the tourist visa will have cancelled any validity left in your permanent residency. If you hadn't done that I'd think you might have a very slim chance but with it none. But I'm not an expert you need a Registered Migratiion Agent. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted January 19, 2013 Share Posted January 19, 2013 You need to ask a registered migration agent. How long did you stay in Australia before you left in 2003. Applying for a Tourist Visa will count against you. Getting a RRV outwith Australia is not an easy thing to do. I dont think that compelling reasons that you wanted to stay will work, you were child. A compelling reason would be why your family had to return home i.e. your parents. If you have a job in Australia you should be consider getting sponsored. Quote Link to comment Share on other sites More sharing options...
andyparr Posted January 19, 2013 Author Share Posted January 19, 2013 Hi, thanks for the quick replies. My parents returned home due to my brothers being unable to settle into a new school so we returned to finish their education in the uk. We did not stay for long in Australia, it was definitely less than a year. The compelling reasons criteria is very blurry however I plan to include a lot of information and evidence clarifying education and why I wasn't able to return before the visa expires. Quote Link to comment Share on other sites More sharing options...
Pingpongpom2 Posted January 19, 2013 Share Posted January 19, 2013 Hi everyone, My name is Andy and I have a question that I would like anyone's thoughts. My family and I migrated to Australia and subsequently returned to the UK in 2003. I wanted to stay in Australia however I was 11 years old at the time and unable to do so. My permanent residency visa expired in 2008 before I was unable to return as I was only 16 years old at the time. I am now 20 years old and am in a position where I would be able to return to live and work in Australia on my own. I believe I may be eligible for a one year resident return visa as long as I meet the certain conditions. I have returned to Australia on a tourist visa in 2011 so this is the last year I can apply as I would have left Australia as a resident 10 years ago in July this year. I have an employment offer from the company I work for, Apple, so feel confident I could meet the substantial ties due to employment condition. I also have family who have been citizens of australiangor over 30 years however they are Aunties, Uncles and cousins so not immediate family. I also will have completed a degree in BSc Computer Science in June this year so I am sure this will benefit Australia as I will be employable in an area that is in high demand. For compelling reasons I feel that the fact that I wanted to stay in Australia and was forced to come back to the UK because of reasons out of my control would suffice. If I had been of an age and in a situation where I could have stayed then I would have done so however I was unable to. I also would have acquired a college and university education in the uk which was another reason that I did not apply earlier or return before my visa expired. I am in the process of completing the application currently and would love some advice from anybody on what would be necessary in the application and any advice anyone can give on whether you think that my reasons would be sufficient to secure a resident return visa. Another question I have is can documents be certified by univeristy lecturers or do they have to be certified by certain people in particular? Thank you in advance, I look forward to hearing from you. Andy Hi Andy..I hope I can be of some help to you. I emigrated to Australia when I was two & then my parents decided to return to the UK when I was fourteen. Like you I had no choice. I remained I the UK for 22 years, but always wanted to return. I thought that there was no chance, but contacted an Emigration Agent who advised me to apply for a Former Residents Visa, which is from what I have learned a visa not often applied for, as the criteria is quite specific http://www.immi.gov.au/migrants/residents/151/ I don't know how long you lived in Australia, but I thought it was worth you knowing about. I received my visa in 1999 and was granted PR, which therefore allowed my husband and children to also become Permanent Residents. You obviously were schooled in Australia, so they invested in your education. I would also include with your application for whatever visa a personal letter about how you feel about returning to Australia, as you had no choice in leaving. Here is a list of occupations and who can certify documents for citizenship, http://www.immi.gov.au/allforms/pdf/1300t.pdf so I would think it's pretty much the same for all visa's applied for. I was fortunate to work with a teacher who was a Judge. I hope this info is helpful to you. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted January 19, 2013 Share Posted January 19, 2013 Hi,thanks for the quick replies. My parents returned home due to my brothers being unable to settle into a new school so we returned to finish their education in the uk. We did not stay for long in Australia, it was definitely less than a year. The compelling reasons criteria is very blurry however I plan to include a lot of information and evidence clarifying education and why I wasn't able to return before the visa expires. If you were in Australia for less than 1 year - it will likely be a no. Unable to settle would not count as a compelling reason. TBH you are clutching at straws and I dont feel you would have a case for RRV. What sort of job have you been offered in Australia? Going over on a WHV and becoming sponsored if your are eligible, i.e. occupation is on CSOL and Employer is a Business Sponsor will likely be your best bet. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted January 19, 2013 Share Posted January 19, 2013 Hi Andy..I hope I can be of some help to you. I emigrated to Australia when I was two & then my parents decided to return to the UK when I was fourteen. Like you I had no choice. I remained I the UK for 22 years, but always wanted to return. I thought that there was no chance, but contacted an Emigration Agent who advised me to apply for a Former Residents Visa, which is from what I have learned a visa not often applied for, as the criteria is quite specific http://www.immi.gov.au/migrants/residents/151/ I don't know how long you lived in Australia, but I thought it was worth you knowing about. I received my visa in 1999 and was granted PR, which therefore allowed my husband and children to also become Permanent Residents. You obviously were schooled in Australia, so they invested in your education. I would also include with your application for whatever visa a personal letter about how you feel about returning to Australia, as you had no choice in leaving. Here is a list of occupations and who can certify documents for citizenship, http://www.immi.gov.au/allforms/pdf/1300t.pdf so I would think it's pretty much the same for all visa's applied for. I was fortunate to work with a teacher who was a Judge. I hope this info is helpful to you. OP stated that they lived in Australia for less than 1 year. Quote Link to comment Share on other sites More sharing options...
andyparr Posted January 19, 2013 Author Share Posted January 19, 2013 Hi, Thank you for all advice given so far. Is there anybody that has acquired a RRV? Could you provide and compelling reasons and ties to Australia that enabled you to get the visa? Quote Link to comment Share on other sites More sharing options...
Rupert Posted January 19, 2013 Share Posted January 19, 2013 Hi,Thank you for all advice given so far. Is there anybody that has acquired a RRV? Could you provide and compelling reasons and ties to Australia that enabled you to get the visa? I think that your compelling reasons for leaving could be that it was out of your control as a minor. The trouble is, as others have already pointed out, you applied for a tourist visa in 2011. This was a big mistake as likely to be considered abandonment of your PR status. Still I have seen RRVs being granted in scenarios where the applicant does not seem to meet any of the criteria, would suggest you contact Ian Harrop (migration agent) in the UK, who has a good reputation for securing RRVs. Quote Link to comment Share on other sites More sharing options...
Nigsystar Posted January 19, 2013 Share Posted January 19, 2013 (edited) Hi Edited October 2, 2013 by Nigsystar Quote Link to comment Share on other sites More sharing options...
andyparr Posted January 19, 2013 Author Share Posted January 19, 2013 Thanks for the further replies, they have been most helpful. It looks as if the best bet is to put together a strong application and see what the outcome is. Thanks again, and any more advice would be greatly appreciated. Quote Link to comment Share on other sites More sharing options...
andyparr Posted January 19, 2013 Author Share Posted January 19, 2013 Hi, Thanks for the further responses. It seems that the best bet would be to apply with a strong application and see what the outcome is. Thanks again, any further advice would be much appreciated. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted January 19, 2013 Share Posted January 19, 2013 http://www.pomsinoz.com/forum/migration-issues/112027-can-we-return-live-oz-after-5-yr-rentry-visa-expiry-8-years-ago.html http://www.pomsinoz.com/forum/migration-issues/138329-my-husband-i-both-got-our-rrvs-pr-restored-after-long-absence-oz.html try doing a search on the forum re RRV. Quote Link to comment Share on other sites More sharing options...
wrussell Posted January 19, 2013 Share Posted January 19, 2013 Hi,Thanks for the further responses. It seems that the best bet would be to apply with a strong application and see what the outcome is. Thanks again, any further advice would be much appreciated. Do NOT try to run this without taking professional advice. Quote Link to comment Share on other sites More sharing options...
andyparr Posted January 20, 2013 Author Share Posted January 20, 2013 Do NOT try to run this without taking professional advice. As a professional yourself, what would your advice be? Quote Link to comment Share on other sites More sharing options...
andyparr Posted January 21, 2013 Author Share Posted January 21, 2013 As a professional yourself, do you have any advice you can offer? Quote Link to comment Share on other sites More sharing options...
Parley Posted January 21, 2013 Share Posted January 21, 2013 You have to pay for professional advice. Amateur advice is free. Quote Link to comment Share on other sites More sharing options...
wrussell Posted January 21, 2013 Share Posted January 21, 2013 (edited) and for the most part is worth every penny you pay for it. It is not possible to offer considered professional advice without knowing all the particulars of a case and what evidence is available to support claims. I advise all prospective RRV applicants (and others) to take professional advice about strategy and then decide whether they feel confident about managing an application on their own behalf. For free advice, I suggest trying Google for (and wading through) the schedule 2 regulations for subclass 155. Edited January 22, 2013 by wrussell Quote Link to comment Share on other sites More sharing options...
Rupert Posted January 21, 2013 Share Posted January 21, 2013 As a professional yourself, do you have any advice you can offer? i think that the advice is to not try nd go it alone. A couple of us have expressed this advice, there is a chance but you should have a well prepared application to make the most of that chance. I guess you do not work for free? Quote Link to comment Share on other sites More sharing options...
Meerkat Posted February 19, 2013 Share Posted February 19, 2013 I was looking into my own RRV application options and found this definition of a former permanent resident which may be of use to you: An Australian permanent resident is defined as someone who holds a permanent residency visa (i.e. a visa that allows you to lawfully remain in Australia indefinitely). Under Section 82, your permanent residency visa will cease if another substantive visa comes into effect. If you’re granted a temporary visa that comes into effect (except for ETA or Border visas) after you are granted a permanent residency visa, then your permanent residency visa will cease. Consequently, you have become a former permanent resident. You may be eligible to apply for a RRV on the basis of being a former permanent resident as long as your last permanent residency visa was not cancelled. Being a ‘former permanent resident’ is a status. You don’t lose this status just because your RRV application is refused or if you’re granted a temporary visa. Source:- http://myaccessaustralia.com/australian-permanent-residency-subclass-155-resident-return-visas-rrv/ Quote Link to comment Share on other sites More sharing options...
weldaboy46 Posted March 9, 2013 Share Posted March 9, 2013 If you apply for the Returning Resident Visa and get turned down, do you have to wait for a certain amount of time before you can apply for a different visa?? .Thanks Quote Link to comment Share on other sites More sharing options...
Pingpongpom2 Posted March 9, 2013 Share Posted March 9, 2013 If you apply for the Returning Resident Visa and get turned down, do you have to wait for a certain amount of time before you can apply for a different visa?? .Thanks Hi, I have sent you a pm which may be helpful. Quote Link to comment Share on other sites More sharing options...
weldaboy46 Posted March 10, 2013 Share Posted March 10, 2013 Thanks very much for you reply, pingpong, really helpful. We have already had a reply from the migration agent, and are going to have a go for this one.cheers Quote Link to comment Share on other sites More sharing options...
Pingpongpom2 Posted March 10, 2013 Share Posted March 10, 2013 I am pleased to hear that you have found a Migration Agent and my info was helpful to you. I have sent you a pm with some more info. Thanks very much for you reply, pingpong, really helpful. We have already had a reply from the migration agent, and are going to have a go for this one.cheers Quote Link to comment Share on other sites More sharing options...
Imran38 Posted June 3, 2013 Share Posted June 3, 2013 Thanks very much for you reply, pingpong, really helpful. We have already had a reply from the migration agent, and are going to have a go for this one.cheers Pingpongpom2 can you please share the tips as i am looking to apply for my RRV and i dont qualify for the 2 out of 5 years condition. Thanks Quote Link to comment Share on other sites More sharing options...
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