jayw Posted July 12, 2013 Share Posted July 12, 2013 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 Link to comment Share on other sites More sharing options...
Guest Posted July 12, 2013 Share Posted July 12, 2013 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. Link to comment Share on other sites More sharing options...
NickyNook Posted July 12, 2013 Share Posted July 12, 2013 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. Link to comment Share on other sites More sharing options...
blossom Posted July 12, 2013 Share Posted July 12, 2013 July 09. 9+5 = 14. July 2014.... Am I missing something? Link to comment Share on other sites More sharing options...
Freesia Posted July 12, 2013 Share Posted July 12, 2013 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......... Link to comment Share on other sites More sharing options...
jayw Posted July 12, 2013 Author Share Posted July 12, 2013 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 Link to comment Share on other sites More sharing options...
jayw Posted July 12, 2013 Author Share Posted July 12, 2013 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 Link to comment Share on other sites More sharing options...
Rupert Posted July 12, 2013 Share Posted July 12, 2013 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. Link to comment Share on other sites More sharing options...
Lorry Posted July 12, 2013 Share Posted July 12, 2013 RRV, contact immigration, there should be a way, sooner the better. Good luck Link to comment Share on other sites More sharing options...
Quinkla Posted July 13, 2013 Share Posted July 13, 2013 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. Link to comment Share on other sites More sharing options...
jayw Posted July 14, 2013 Author Share Posted July 14, 2013 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. Link to comment Share on other sites More sharing options...
Freesia Posted July 14, 2013 Share Posted July 14, 2013 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 Link to comment Share on other sites More sharing options...
Sammy1 Posted July 14, 2013 Share Posted July 14, 2013 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. Link to comment Share on other sites More sharing options...
Quinkla Posted July 14, 2013 Share Posted July 14, 2013 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. Link to comment Share on other sites More sharing options...
JaseandAnne Posted July 14, 2013 Share Posted July 14, 2013 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) Link to comment Share on other sites More sharing options...
Peach Posted July 14, 2013 Share Posted July 14, 2013 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. Link to comment Share on other sites More sharing options...
jayw Posted July 16, 2013 Author Share Posted July 16, 2013 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 Link to comment Share on other sites More sharing options...
jayw Posted July 16, 2013 Author Share Posted July 16, 2013 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 . Link to comment Share on other sites More sharing options...
Sammy1 Posted July 16, 2013 Share Posted July 16, 2013 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. Link to comment Share on other sites More sharing options...
Quinkla Posted July 16, 2013 Share Posted July 16, 2013 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. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted July 16, 2013 Share Posted July 16, 2013 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 Link to comment Share on other sites More sharing options...
jayw Posted July 18, 2013 Author Share Posted July 18, 2013 Thanks Maybe alan from go matilda could advise as i notice he has liked your comment and go matilda are currently dealing with my parents visa . :wink: Link to comment Share on other sites More sharing options...
jayw Posted July 18, 2013 Author Share Posted July 18, 2013 Hi I understand what you ment now . Sorry for going off at you .i appreciate you giving your time to post something that could help a complete stranger . Thank you Link to comment Share on other sites More sharing options...
jayw Posted October 17, 2013 Author Share Posted October 17, 2013 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 . Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted October 17, 2013 Share Posted October 17, 2013 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! Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.