Residents Return Visa

[nic1964]

Hope someone can hep me out with a couple of questions around RRV.

 

Myself, wife and two children received out 175 visa in February 2010. My wife and myself moved here in August 2012, and enjoiying life here in Perth. My two kids decided to stay in the UK and finish their education. Both have visited multiple times, have bank accounts etc, etc,and both want to move here.

 

Neither however will be redy to move before the 5 year period expires on their current visa. Both my wife and I have received RRV's because of the 2 year rule.

 

My two questions are

 

1) Do the kids (21 and 23, its an old habit) have to apply for an RRV before the 5 year period is up? As they are abroad, and havent lived here for 2 years, then will (unless you know otherwise) only receive a 3 month or 12 month RRV? One may come out sooner, but the second doesnt finish university until June 2015?

 

2) If we don't apply for an RRV until they are ready to move, then what do we do when they want to come for holidays? Do we just apply for an eVisitors visa? Would this affect their success in being granted an RRV.

 

3) Finally would there be a reason why RRV's arent granted? I know they got their own visa's on the back of mine, but I'd hate for them to loose the opportunity.

 

Thanks in advance, heres looking forward to some thoughts.

 

Nick

[Guest MigrateAustralia]

Hello Nick,

 

I would suggest that the kids apply for a RRV before their current permanent visas expire. If they are going to be visiting Australia before February next year, then it would be good to lodge while they are in Australia.

 

 

Even though they have not spent the 2 years here, the kids can apply for a RRV on the basis of 'substantial ties' to Australia. This would be showing they had family and bank accounts in Australia and that they had visited multiple times, and they intend to reside here once they finish their studies. If applying on this basis, they would be considered for a 1 year RRV only.

 

 

If they let their PR visas lapse, then your children would have to apply for electronic visitor visas to travel to Australia. This should not affect their ability to apply for a RRV, but I would not suggest this pathway.

 

RRVs may not be granted if the Department is not satisfied that your children have substantial ties to Australia.

 

All the best to you and your family.

 

Regards,

Christel

[Skippy1]

Be careful...........

 

"If they let their PR visas lapse, then your children would have to apply for electronic visitor visas to travel to Australia. This should not affect their ability to apply for a RRV"

 

if you apply for a Visitor Visa this will automatically cancel any other visa they may have had........ so they would not be able to apply for an RRV on the back of a PR Visa after getting a Visitor Visa

 

 

I would imagine they would get an RRV on the back of the fact that their parents live in australia and they were not here for the reason of finishing their education.

[Guest MigrateAustralia]

I would NOT suggest applying for a visitor visa while holding a PR visa. It is, however, still possible to apply for a RRV once a PR visa has expired, and - in some cases - even after someone has visited Australia on an electronic visitor visa having formerly been a permanent resident. This is, of course, highly dependent on each applicant's personal circumstances and how this aligns with the legislation.

 

In Nick's scenario, I would still recommend that the applicants try for a RRV before applying for a visitor visa.

 

Christel

Edited October 20, 2014 by MigrateAustralia
Details added.