DanziM Posted October 25, 2013 Share Posted October 25, 2013 Hi all, sorry if this could be in a sticky thread, just not sure where to go with this. This forum is crazy with activity! I am an Australian Citizen by birth and my Mum wishes to join me back here after she moved back to the UK in 1996. However, Mum was born in the UK in 1953 and then subsequently moved here in 1966. Mum then lived here as a permanent resident from age 13 for 30 years until 1996. She entered under a certificate of immigration (well known by all the $10 poms arriving by boat in the 60s). She never wished to gain Australian Citizenship during that 30 years which is making things difficult now. So i am wondering which Visa is best for mum? Taking into account she as of now has no immediate family in the UK and i am her only son there is nothing now in the UK for her. Her sister and own mother both live here also as Australian citizens. Contributory parent 143 or 173? Returning resident (hasnt met the 2 years in 5 years so not sure) Parent Visa 103? Remaining relative visa? have i missed one? Given this situation, and i am sure im not the first with this sort of situation, what do you experts reckon is the best solution here and where to start? Also are we better off having mum come here for a holiday and lodging the forms here? Cost is not necessarily an issue, however time is more so. I believe the cost of a contributory visa is about $20000? however i am not sure if the situation as said above changes anything. Lastly mum still has a TFN from when she last worked here in 1996. Any help or advice much appriciated Link to comment Share on other sites More sharing options...
CollegeGirl Posted October 25, 2013 Share Posted October 25, 2013 Hi all, sorry if this could be in a sticky thread, just not sure where to go with this. This forum is crazy with activity! I am an Australian Citizen by birth and my Mum wishes to join me back here after she moved back to the UK in 1996. However, Mum was born in the UK in 1953 and then subsequently moved here in 1966. Mum then lived here as a permanent resident from age 13 for 30 years until 1996. She entered under a certificate of immigration (well known by all the $10 poms arriving by boat in the 60s). She never wished to gain Australian Citizenship during that 30 years which is making things difficult now. So i am wondering which Visa is best for mum? Taking into account she as of now has no immediate family in the UK and i am her only son there is nothing now in the UK for her. Her sister and own mother both live here also as Australian citizens. Contributory parent 143 or 173? Returning resident (hasnt met the 2 years in 5 years so not sure) Parent Visa 103? Remaining relative visa? have i missed one? Given this situation, and i am sure im not the first with this sort of situation, what do you experts reckon is the best solution here and where to start? Also are we better off having mum come here for a holiday and lodging the forms here? Cost is not necessarily an issue, however time is more so. I believe the cost of a contributory visa is about $20000? however i am not sure if the situation as said above changes anything. Lastly mum still has a TFN from when she last worked here in 1996. Any help or advice much appriciated I think the likelihood of getting a Return Resident Visa is small since she's been gone so long - but it would be the easiest and least expensive option, so you might want to talk to a migration agent about whether or not there's any chance at all (or maybe someone else here knows). I would eliminate that possibility first before pursuing anything else. Unfortunately the options (as I understand them) are contributory and non-contributory. The costs and bond of the Contributory type I understand are more like $40,000. The cost of the non-contributory type is much smaller, but the wait for those visas at the moment, according to DIAC, is 13 years. You definitely don't want remaining relative - a parent visa is what would be suited to this situation, and the queue for the remaining relative visa is at sixteen years - so longer than the non-contributory parent visa anyway. Link to comment Share on other sites More sharing options...
NickyNook Posted October 25, 2013 Share Posted October 25, 2013 Sounds like the Former Resident visa (151) might fit the bill: http://www.immi.gov.au/migrants/residents/151/ No, sorry, scrub that. You need to be under 45 to apply.:embarrassed: Link to comment Share on other sites More sharing options...
CollegeGirl Posted October 25, 2013 Share Posted October 25, 2013 Sounds like the Former Resident visa (151) might fit the bill:http://www.immi.gov.au/migrants/residents/151/ No, sorry, scrub that. You need to be under 45 to apply.:embarrassed: Also, with that visa you either have to have served in the Armed Forces or spent nine of your first 18 years of life in Australia... at least that's how it reads to me. Link to comment Share on other sites More sharing options...
NickyNook Posted October 26, 2013 Share Posted October 26, 2013 Also, with that visa you either have to have served in the Armed Forces or spent nine of your first 18 years of life in Australia... at least that's how it reads to me. Not nine of your first 18 years of life in Australia - but nine of your first 18 years in Australia. i.e. You don't need to have spent those nine years here prior to the age of 18. You can have spent them here at any age. The OP's mother spent 30 years here so would have qualified in that regard. It would have been perfect for her if only she'd been born after 1968.. :sad: I think she might get a RRV, though. I've seen other people who lived here long ago but not been back for years get one. The OP should definitely consult an agent to pursue it. Link to comment Share on other sites More sharing options...
blossom Posted October 26, 2013 Share Posted October 26, 2013 I think return resident visa can be messed up if the person has come in on a tourist visa since last having pr. Has your mum been back on a temp visa? Link to comment Share on other sites More sharing options...
Rupert Posted October 26, 2013 Share Posted October 26, 2013 Also, with that visa you either have to have served in the Armed Forces or spent nine of your first 18 years of life in Australia... at least that's how it reads to me. I must admit, that is always, always how I have read that too. Reading it again though and it certainly is ambiguous. OP, I would look into RRV before anything else, it is a cheap option and whilst a long shot she might as well just give it a try, you and other relatives being there would count for something. I would speak to a good agent about this and don't try to do it alone. Remaining relative is an option, although as children cannot sponsor their parent for this visa, her mother or sister would need to. As you probably know the waiting time is very long, being very practical about it, it is probably better that her sister is the sponsor for that reason. The parent visa also has a similar long waiting time of about 15 years. The contributory parent visa would be the quickest option (other than the RRV I mean) but very expensive. Link to comment Share on other sites More sharing options...
Quinkla Posted October 26, 2013 Share Posted October 26, 2013 We have seen some people get RRVs recently who seemed to have far less strong claims. You would need to show strong ties to Australia (son lives there and is Australian by birth; lived there for 30 years) and a strong reason for being away which I am sure would be easily done. Link to comment Share on other sites More sharing options...
DanziM Posted October 26, 2013 Author Share Posted October 26, 2013 Wow, thank you so much guys for all your input into this. An RRV is definatly what we should be looking into firstly, and obviously contributory Parent visa is the RRV is not possible. Just a few further questions based on your replies...would we be better getting mum to an Agent over in the UK or here? and secondly should she be lodging her applications here or there? If she should be getting an agent in the UK, do you guys have any reco's based on good results? Link to comment Share on other sites More sharing options...
carlhall Posted October 26, 2013 Share Posted October 26, 2013 Can I suggest you have a quick chat with an agent, visa's issued that long ago had a different set of rules, there may be a simpler route to get a visa reissued. A short chat with an agent could make things a lot simpler in the long run. You do not have to use an agent but some professional advice could be useful. Link to comment Share on other sites More sharing options...
NickyNook Posted October 26, 2013 Share Posted October 26, 2013 Also, with that visa you either have to have served in the Armed Forces or spent nine of your first 18 years of life in Australia... at least that's how it reads to me. I must admit, that is always, always how I have read that too. Reading it again though and it certainly is ambiguous. Thinking about this some more - I think you’re both correct and I was wrong. Looks like the 151 Former Resident visa is for people who lived here with PR as a child - the 9 in 18 year PR requirement makes sense then. The PR had to have occurred before the applicant was an adult. Apologies for any confusion, OP. Link to comment Share on other sites More sharing options...
blossom Posted October 26, 2013 Share Posted October 26, 2013 You didn't answer the question about if she had been over since leaving on a tourist visa. If so, you REALLY need an agent, as once someone has applied for a temp visa they have acknowledged that they don't think they are a permanent resident. Try go Matilda. Link to comment Share on other sites More sharing options...
Thepom Posted October 26, 2013 Share Posted October 26, 2013 My aunty came over on a RRV a couple of years ago and she didn't wait nearly that long. Was about 2 years I think. And she had visited before on visitor visa so can't see that being a problem. Link to comment Share on other sites More sharing options...
DanziM Posted October 26, 2013 Author Share Posted October 26, 2013 Sorry, yes mum has been over here many times as a temp visitor as back in 2001 she stopped coming on her PRV. She decided not to use it anymore as she was living in the UK more than Australia. We shall look for an Agent definatly, any recommendations of ones in the UK i can refer her to? Thank you all so much for your kind help. P.S Does anyone know if the agents actually change decisions based on mitigating circumstances like this? Other than help us through the process paperwork wise, what else will they do for us? Link to comment Share on other sites More sharing options...
blossom Posted October 26, 2013 Share Posted October 26, 2013 Go Matilda has offices in the uk I believe and are very good. They advise you on best visa strategy. They can't make immigration give you a visa if you don't qualify, but they know what angles to go for. Link to comment Share on other sites More sharing options...
Rupert Posted October 26, 2013 Share Posted October 26, 2013 Sorry, yes mum has been over here many times as a temp visitor as back in 2001 she stopped coming on her PRV. She decided not to use it anymore as she was living in the UK more than Australia. We shall look for an Agent definatly, any recommendations of ones in the UK i can refer her to? Thank you all so much for your kind help. P.S Does anyone know if the agents actually change decisions based on mitigating circumstances like this? Other than help us through the process paperwork wise, what else will they do for us? In this case, I would expect that an agent will put forward a case in the best possible light but they won't be able to directly influence the decision. I do think that it would increase the odds though. Link to comment Share on other sites More sharing options...
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