GrahameFam Posted October 1, 2013 Share Posted October 1, 2013 I am trying to understand if I am eligible for a Resident Return Visa, either 157 (1 year) or 155 (5 year). My original resident visa was granted in 1993 because of my marriage to an Australian. We travelled to Australia in 1994 when the visa was validated. We stayed in Australia 2 months. I have not been back to Australia since. I have original visa and paperwork. I'm divorced from my Australian spouse. If I can demonstrate compelling reasons why I did not migrate during my visa's validity window and that I have compelling personal ties of benefit to Australia, am I eligible for a RRV? either subclass 157 or 155? Because I was only in Australia for 2 months, subclass 157 seems to be the way to go. Does the fact that I am lodging my application more than 5 years since I was in Australia make me ineligible? Is there an online law resource that spells out the requirements? Thanks! Link to comment Share on other sites More sharing options...
pablo Posted October 1, 2013 Share Posted October 1, 2013 Cant help much tbh,some on here well up on all this will help soon tho no doubt All i can relate,is what my agent told me when i spoke to him about an RRV,he said You have to have "substantial ties to aus",ie family living there,job offer,having lived there a good while,"substantial ties" was always emphasised tho,he mentioned a 3 month RRV btw fwiw Link to comment Share on other sites More sharing options...
lebourvellec Posted October 1, 2013 Share Posted October 1, 2013 We're you granted PR in 1993? Many partner visas now are granted temp residence first after 2 years becomes PR. The fact that you were only in Australia for 2 months and its almost 20 years later and not with the original sponsoring Australian partner - the chance of getting a RRV is a long shot. Link to comment Share on other sites More sharing options...
Rupert Posted October 1, 2013 Share Posted October 1, 2013 I am trying to understand if I am eligible for a Resident Return Visa, either 157 (1 year) or 155 (5 year). My original resident visa was granted in 1993 because of my marriage to an Australian. We travelled to Australia in 1994 when the visa was validated. We stayed in Australia 2 months. I have not been back to Australia since. I have original visa and paperwork. I'm divorced from my Australian spouse. If I can demonstrate compelling reasons why I did not migrate during my visa's validity window and that I have compelling personal ties of benefit to Australia, am I eligible for a RRV? either subclass 157 or 155? Because I was only in Australia for 2 months, subclass 157 seems to be the way to go. Does the fact that I am lodging my application more than 5 years since I was in Australia make me ineligible? Is there an online law resource that spells out the requirements? Thanks! After nearly 20 years, I think your chances of obtaining a RRV are remote. But I have seen strange things when it comes to the RRV and as the worst that can happen is it is refused, you really might as well give it a shot. To increase your chances, consider engaging a migration agent to help with the application. Ian Harrop is the one most commonly mentioned for these situations. What ties do you have to Australia? What is a compelling reason for such a long absence? Link to comment Share on other sites More sharing options...
GrahameFam Posted October 1, 2013 Author Share Posted October 1, 2013 I was granted PR in 1993. I think I have a good case with my compelling reasons why I didn't migrate and my substantial ties. I just don't want to go to the bother of applying if there is a procedural road block that makes it impossible. Thanks for the comments! Link to comment Share on other sites More sharing options...
Nigsystar Posted October 1, 2013 Share Posted October 1, 2013 Thanks! Link to comment Share on other sites More sharing options...
GrahameFam Posted October 1, 2013 Author Share Posted October 1, 2013 Remote is OK. I just want to know if there are roadblocks rather than improbabilities. My ties are 2 minor children who are Australian citizens and who I have sole legal and physical custody of. I'm trying to get my daughter to go to uni in Australia in 2015 but want to get the migration ball rolling now so we can all move together. Compelling reasons are to do with my ex's breakdown which happened right after we returned from Australia and a subsequent legal battle for custody. I could not have migrated because he would not and now I have legal freedom to do so. Thanks for your input. Link to comment Share on other sites More sharing options...
GrahameFam Posted October 1, 2013 Author Share Posted October 1, 2013 Did you use a migration assistant? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted October 1, 2013 Share Posted October 1, 2013 Hi was in a similar boat as yourself I had a PR visa back in 2005 and only sayed 3 weeks and left had went back for a holiday and that was it...i applied for a rrv last October just on a off chance but I got my mate in oz to send me a copy of his companies headed paper and made out he had offered me a job and hay presto they granted me a one year visa which runs out in October 30 this year so off me and the family go in three weeks... it relally was that simple I showed that I had a job offer and financial money on the bank 25k and that was it... If you need any more info just ask.... Just a word of warning DIAC do read this forum ! Link to comment Share on other sites More sharing options...
Quinkla Posted October 2, 2013 Share Posted October 2, 2013 Hi was in a similar boat as yourself I had a PR visa back in 2005 and only sayed 3 weeks and left had went back for a holiday and that was it...i applied for a rrv last October just on a off chance but I got my mate in oz to send me a copy of his companies headed paper and made out he had offered me a job and hay presto they granted me a one year visa which runs out in October 30 this year so off me and the family go in three weeks... it relally was that simple I showed that I had a job offer and financial money on the bank 25k and that was it... If you need any more info just ask.... So you got your mate to prepare a false document which you used to make a fraudulent visa application. Even changing the dates (your first post on this forum said that your 136 was granted in June 2006), your post exposes both you and your mate to serious criminal charges. It also exposes your family to the risk of deportation. Wouldn't it have been easier to either tell the truth and hope for the best or just submit a new application for a skilled migration visa? Link to comment Share on other sites More sharing options...
CollegeGirl Posted October 2, 2013 Share Posted October 2, 2013 Did you really just admit on a public forum that you committed migration fraud? :eek::skeptical: Link to comment Share on other sites More sharing options...
Nigsystar Posted October 2, 2013 Share Posted October 2, 2013 [quote=CollegeGirl;19363346 Link to comment Share on other sites More sharing options...
CollegeGirl Posted October 2, 2013 Share Posted October 2, 2013 Glad you explained, as that wasn't what it sounded like you were saying! lol Link to comment Share on other sites More sharing options...
Peach Posted October 2, 2013 Share Posted October 2, 2013 Hi it not fraud as my mate has his own business and wants be to work for him all I we trying to show is a positive outlook and some savings in bank they may look at it positively.. He did offer me a job but left all the paperwork for me to sort.... hope this clarifies the matter no malpractice here.... Yeah, right. Link to comment Share on other sites More sharing options...
Quinkla Posted October 2, 2013 Share Posted October 2, 2013 hope this clarifies the matter no malpractice here.... Absolutely. Which is why you haven't felt the urge to delete your earlier post. Not. You know what you are. We know what you are. DIAC will know what you are if they read this thread. Do yourself a favour, pal, and apply for a visa properly before you put your family at risk of deportation. Link to comment Share on other sites More sharing options...
Sparkle67 Posted December 3, 2013 Share Posted December 3, 2013 Hello You may qualify for a one year resident return visa. My situation is similar to yours in that I emigrated 23 years ago, my eldest two children were born in Sydney and we moved back to the UK 18 years ago. In April of this year, I applied for a RRV, I did not qualify for the 5 year RRV as I had not lived in Australia for two years out of the past five (in fact I have not been back to Australia in the past 18 years) I was given a one year RRV, the Immigration Officer informed me that my compelling reasons for not returning sooner, combined with the fact that my two girls are Australia Citizens (albeit babies when we left Oz) qualified me for a one year RRV. My advice is that should you apply, make sure you have as much official written evidence as is possible. You mention that you have a good case for not returning - they will need to see evidence of this, your written explanation will not be enough so, Court documents, Doctors/Therapist reports etc., will help and should be submitted in your application or, you can state in your application that these (if relevant) reports will be forwarded. I wish you all the best if you decide apply. Link to comment Share on other sites More sharing options...
Jurls Posted December 4, 2013 Share Posted December 4, 2013 Although you have removed your posts.....they can still be seen where others have quoted you.............. Link to comment Share on other sites More sharing options...
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