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Help !! permanent residence expired


jayw

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Hi

 

We moved to oz in sept 2009 after 6 months my step daughter decided to go back to uk , with the intention of coming back in a few years before visa ran out , she is looking at coming back next month , but the problem we have is our visa was granted in July of 09 and therefore expired 5 years after being granted ,not 5 years on from when we activated the visa as we thought . Does anyone know if we could do anything to try and have her visa extended to get back in .

 

jay

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If she can get over ASAP before it expires would be easiest and surest thing.

 

I'm sure others will be along to explain about possible visa options.

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my thoughts exactly- she's got a year to go surely? though it might be wise to get on with it rather than take the risk.........

 

Sorry we got here in 2008 not 2009 and visa expired last week

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If the expiry date has passed, then she needs to apply for a RRV.

 

She should get a 1 year one OK, based on her ties to you.

 

Was thinking that but not sure if she can get one as only spent 6 months in oz

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Sorry we got here in 2008 not 2009 and visa expired last week

 

Well she obviously wasn't really that bothered or surely she would have done something last week, when it would have been a little easier. As mentioned she may get the one year RRV, but she will need to make the move because I don't think she is going to be able to keep on getting these and not using them.

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The stepdaughter does not meet the eligibility for a five year RRV as she has not spent two years as a permanent resident. The requirements for a one year off shore visa are probably not met as there are no string cultural or employment ties of benefit to Australia and the step-daughter is clearly not dependent on the step parents.

 

The requirements for a 3 month RRV indicate that there must be a compelling reason for leaving Australia and also a compelling reason for return. Given that the stepdaughter spent such a short time in Australia, such a long time ago; let the visa lapse; is clearly not close to the stepfamily having been away from them for many years, I would have thought it would be a challenge to meet the requirements even for the three month RRV.

 

http://www.immi.gov.au/migrants/residents/155/eligibility.htm

 

I'd be interested to know how it pans out.

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The stepdaughter does not meet the eligibility for a five year RRV as she has not spent two years as a permanent resident. The requirements for a one year off shore visa are probably not met as there are no string cultural or employment ties of benefit to Australia and the step-daughter is clearly not dependent on the step parents.

 

The requirements for a 3 month RRV indicate that there must be a compelling reason for leaving Australia and also a compelling reason for return. Given that the stepdaughter spent such a short time in Australia, such a long time ago; let the visa lapse; is clearly not close to the stepfamily having been away from them for many years, I would have thought it would be a challenge to meet the requirements even for the three month RRV.

 

http://www.immi.gov.au/migrants/residents/155/eligibility.htm

 

I'd be interested to know how it pans out.

 

Thanks for the link will check it out and give them a call ,

 

As for your comment about my stepdaughter not being close to us , this is complete rubbish as she is very close to her mum but does not need to be by her side 24/7 ,she is in her twentys and a grown woman. she has travelled through Europe and uk in her time away from OZ and enjoyed being with grandparents in uk, given we now have 2 small children, she wants to be a part of her brother and sisters life , she also has a father and 2 sisters in the uk, that she spends time with. soit has not been an easy decision.

 

So not everything is as black and white as it may first seem . so I would suggest you keep your views on peoples family situations to yourself.

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hi jayw, it's not so much that the view is a personal one (& I'm sure not intended as you took it)...it's a reflection on how DIAC will perceive the situation. She is,as you say, an independent adult who chose to move back, & the harsh truth is that it will be looked at in an impersonal way, based on the facts. Good luck though; hope she finds a way back to you :)

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Thanks for the link will check it out and give them a call ,

 

As for your comment about my stepdaughter not being close to us , this is complete rubbish as she is very close to her mum but does not need to be by her side 24/7 ,she is in her twentys and a grown woman. she has travelled through Europe and uk in her time away from OZ and enjoyed being with grandparents in uk, given we now have 2 small children, she wants to be a part of her brother and sisters life , she also has a father and 2 sisters in the uk, that she spends time with. soit has not been an easy decision.

 

So not everything is as black and white as it may first seem . so I would suggest you keep your views on peoples family situations to yourself.

 

 

That's bit hard on Quinkla who gave you some useful information. It did not seem a personal view at all, merely pointing out it will be tough as the step daughter is not dependent on either of you and has barely lived here.

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As for your comment about my stepdaughter not being close to us , this is complete rubbish ... so I would suggest you keep your views on peoples family situations to yourself.

I am sorry for any offence I have caused. As others said, I was giving a dispassionate assessment as I would expect DIAC to give. I think the best she will get is a tourist visa to come for a visit. There may be other temporary visas that are available such as WHV or student visa. She had her chance to live in Australia and didn't take it. Therefore I don't think your stepdaughter will get an RRV but I hope I am wrong.

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Hi everyone, While we are on this subject, I would be interested in your views on the same, sorry to High jack your thread JayW.

We are still in UK and have till 2016 to get to Perth however my two girls aged 11 have said they don't want to make a decision until they are a few years older. I am divorced from their mother.

If I went with my now wife and their little half sister (My youngest) and they allowed their visa to expire, would they have this sort of trouble should they want to come after their visa expired?

 

If they don't come would that effect my visa as not all of the people named actually turn up? I have a 176 visa and I am main applicant.

(Please look at this black and white, I am also not sure I'll be able to leave them but at the moment we have the opportunity and are pushing forward with our plans)

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If I went with my now wife and their little half sister (My youngest) and they allowed their visa to expire, would they have this sort of trouble should they want to come after their visa expired?

 

Yes, completely. Residents Return Visas are for returning residents; hard/impossible to get if you have never been a resident.

 

If they don't come would that effect my visa as not all of the people named actually turn up? I have a 176 visa and I am main applicant.

 

No, it won't affect your visa if they don't come.

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I have spoken to diac and as stepdaughter is a permanent resident , she can apply for a RRV and send documentation to prove she has ties To Australia ( me , my wife and our 2 children also my parents now live here ) and all should be good . She may get a one year or 3 month RRV not sure yet .

The 5 year visa you get with perm residence is the right to travel in and out of oz for 5 years . The perm resident bit is indefinite .

 

Fingers crossed will update on how it all goes .

 

 

jay

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Hi everyone, While we are on this subject, I would be interested in your views on the same, sorry to High jack your thread JayW.

We are still in UK and have till 2016 to get to Perth however my two girls aged 11 have said they don't want to make a decision until they are a few years older. I am divorced from their mother.

If I went with my now wife and their little half sister (My youngest) and they allowed their visa to expire, would they have this sort of trouble should they want to come after their visa expired?

 

If they don't come would that effect my visa as not all of the people named actually turn up? I have a 176 visa and I am main applicant.

(Please look at this black and white, I am also not sure I'll be able to leave them but at the moment we have the opportunity and are pushing forward with our plans)

 

It won't affect your visa but I'm think you only have so long to activate the visa ie 12 months for example .

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I have spoken to diac and as stepdaughter is a permanent resident , she can apply for a RRV and send documentation to prove she has ties To Australia ( me , my wife and our 2 children also my parents now live here ) and all should be good . She may get a one year or 3 month RRV not sure yet .

The 5 year visa you get with perm residence is the right to travel in and out of oz for 5 years . The perm resident bit is indefinite .

 

Fingers crossed will update on how it all goes .

 

 

 

jay

 

It was nice of people on here to help you.

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I have spoken to diac and as stepdaughter is a permanent resident , she can apply for a RRV and send documentation to prove she has ties To Australia ( me , my wife and our 2 children also my parents now live here ) and all should be good . She may get a one year or 3 month RRV not sure yet .

The 5 year visa you get with perm residence is the right to travel in and out of oz for 5 years . The perm resident bit is indefinite .

 

Fingers crossed will update on how it all goes .

 

 

jay

I am pleased you have had this advice. It wasn't what I had expected, but I am glad it is going well for you.

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I have spoken to diac and as stepdaughter is a permanent resident , she can apply for a RRV and send documentation to prove she has ties To Australia ( me , my wife and our 2 children also my parents now live here ) and all should be good . She may get a one year or 3 month RRV not sure yet .

The 5 year visa you get with perm residence is the right to travel in and out of oz for 5 years . The perm resident bit is indefinite .

 

Fingers crossed will update on how it all goes .

 

 

jay

 

I would not go on the advice of the DIAC. They are notorious for giving bad advice - hence they have a no liability policy. This forum is littered with cases that have found themselves in problems for following their advice. I would run this case past one of the good migration agents. George Lombard and Go Matilda are highly recomended

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  • 2 months later...

Hi all

 

Visa has been granted, we lodged it on monday this week and it was granted on wedensday , we had to wait for some replacement documents from the uk as we had missplaced them so only lodged the application this week . My stepdaughter was given a 12 month rrv so really happy and very surprised with how easy it was .

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Guest GeorgeD
Hi all

 

Visa has been granted, we lodged it on monday this week and it was granted on wedensday , we had to wait for some replacement documents from the uk as we had missplaced them so only lodged the application this week . My stepdaughter was given a 12 month rrv so really happy and very surprised with how easy it was .

 

That's great news, thanks for the update!

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