Resident Return Visa can anyone help us

[Cantabrigian]

Hello - I have just had a RRV application refused. The reason was that I do not have substantial Ties condition 155.212 (3).

 

I was granted a one year visa 16 months ago but did not enter Australia within the time frame. Therefore I made this application and in the case officers summing up he notes that I have funds (which are very substantial on deposit with UK Banks, I wont put figure but happy to indicate if it would help with an answer) but as they are not invested in AUD or in assets in Australia are not good enough to be accepted. Interestingly they approved my visa last time on the same criteria.

 

Being sensible I can understand they would be questioning my intentions after letting the previous visa expire.

 

Can I ask if anyone can help with these questions.

 

1) Could I still apply for an RRV at a later stage if I demonstrate or have increased substantial ties, or is the refusal a final one and the visa has gone for good ?

 

2) If we came to Australia for a holiday and found a business or applicable investment, could I revive my old resident status or would I have to start again with a new visa.

 

I am quite pragmatic and understand the RRV decision is probably not unfair. I just really want to know what my options are for the future .

 

Any help would be wonderful and really well accepted.

[Bungo]

Thanks for your post, it is interesting to see a real life example of somebody applying for a second RRV. Interesting because a lot of people do ask if they can keep getting them, but not a lot of examples of people trying. You would have to assume they brought the one year RRV in so that people had that last chance though and not another five years to make up their mind to move.

 

Anyways no, I am nearly sure that this does not technically rule you out for good. Although of course any future application you make is going to reveal this one and I am sure the reasons for the decision this time will be looked at.

 

The trouble with coming again on a holiday, is that getting a tourist visa might be seen as an acknowledgement of you giving up your PR status. On the other hand, I have seen people that have applied for a RRV many years later and have had tourist visas in the meantime but still manage to get a RRV. In those cases, they still had strong family links.

 

It was always my understanding that investments do not constitute a substantial tie anyway, so I am surprised at that case officers comments. By substantial tie they normally mean something a bit more personal, like family or even a job. Any chance of you securing a job offer and re-applying? I think that would be your best chance.

[Cantabrigian]

Thanks for your reply. Its interesting that they OK'd the first visa on exactly the same information as the second, but I can understand they may now think he has not done anything in the past year to enhance that position. They accepted compelling and compassionate reasons but not the ties to OZ (although they are no different) Someone said to me 'its in the lap of the gods and it depends whose desk it land on' and I think this time we encountered a less amiable officer.

 

I am in a difficult position with getting a job offer as I have spent the past 20 years as an investor in property and am not really sure how employable I am. I would certainly work for someone if it secured our passage. If I could get a job it would be good.

 

In honesty I would like to employ me (I am not being conceited :wink: ) my business background is very varied and work my ethic fantastic, I live and breathe what I get involved with. I would do anything and have no real ego about what I should or shouldn't do. I dont need to earn the money so could work in theory for nothing, if I was given a chance

 

 

We have a good life in the UK but there is part of me with a 19 month old daughter that makes me want to try Australia, if I am totally realistic, I dont know if it would be forever but I wanted to try for a couple of years and see what happens.

 

I wondered whether to just come out for a 3 month holiday and see what we think and then worry about it. Otherwise from your general comments and my understanding of the decision, I would at least need to transfer circa £1 million or more to AUD account to show my willingness. That may not be enough to show the authorities, plus with a declining AUD I could loose a fair bit of cash for no result and my gut feel says it wont be enough.

 

Any job offers appreciated :wink: I know thats a big ask but who knows who may be reading this.

[Cantabrigian]

Forgot to say - I am a trained Carpenter and also Construction Project Manager (not done either for a few years though) Also an Advanced Yogic Practitioner, always fancied investing in a Yoga Studio in Australia and have funds to do so.

[Bungo]

Comments in red.

 

Thanks for your reply. Its interesting that they OK'd the first visa on exactly the same information as the second, but I can understand they may now think he has not done anything in the past year to enhance that position. They accepted compelling and compassionate reasons but not the ties to OZ (although they are no different) Someone said to me 'its in the lap of the gods and it depends whose desk it land on' and I think this time we encountered a less amiable officer.

 

To me it makes perfect sense that they might accept the first RRV application but not the second. The first one was to give you an opportunity to move, you didn't. They won't keep on granting RRVs because potentially a migrant could keep on deferring right up until retirement and then move over, having made little by way of tax contributions but drawing upon health and other services in old age. That is exactly why the PR visas are not really permanent but there is this RRV process to go through.

 

Compelling reasons for absence and substantial ties are not remotely the same thing. One is an explanation as to why one has not been in the country, e.g. looking after a sick parent that nobody else could conceivably have done. The other is ties to Australia..

 

In some ways I do agree that this is in the lap of the gods, I have seen RRVs being granted many times where there appears to be no way the applicant meets any of the criteria that immigration have published!

 

I am in a difficult position with getting a job offer as I have spent the past 20 years as an investor in property and am not really sure how employable I am. I would certainly work for someone if it secured our passage. If I could get a job it would be good.

 

In honesty I would like to employ me (I am not being conceited :wink: ) my business background is very varied and work my ethic fantastic, I live and breathe what I get involved with. I would do anything and have no real ego about what I should or shouldn't do. I dont need to earn the money so could work in theory for nothing, if I was given a chance

 

Nothing wrong with that at all. But back to the problem of how do you clear immigration.

 

We have a good life in the UK but there is part of me with a 19 month old daughter that makes me want to try Australia, if I am totally realistic, I dont know if it would be forever but I wanted to try for a couple of years and see what happens.

 

I wondered whether to just come out for a 3 month holiday and see what we think and then worry about it. Otherwise from your general comments and my understanding of the decision, I would at least need to transfer circa £1 million or more to AUD account to show my willingness. That may not be enough to show the authorities, plus with a declining AUD I could loose a fair bit of cash for no result and my gut feel says it wont be enough.

 

I am not sure how my general comments have led you to think that investing £1million in an account will help. Sorry if I somehow gave that impression. My understanding is that investment is of no help whatsoever. I have just read up on the substantial ties criteria again and this is nothing about "investment ties", not in the sense of putting money into an account anyway. There can be "business ties" but this is quite different, this is about proving that you have a business that is run for a profit and is of some benefit to Australia. You need to show that you are personally involved on a day to day basis in the management of said business.

 

If you cannot secure a job offer, then perhaps you can look into purchasing a business, but just not sure how you buy one and get heavily involved in it without being onshore.

 

Any job offers appreciated :wink: I know thats a big ask but who knows who may be reading this.

[Ken]

If you have substantial funds available to invest in Australia there are investor visas that you might be able to obtain (and without needing a job or passing a skilled migration assessment). If you can put together the evidence that shows you qualify for one there's a possibility that you could get an RRV granted without having to apply for a new visa. If that doesn't work apply for a new visa and sink the required investment into Australia. Note that rather than a bad thing the decline in the value of Australian dollar means that in foreign currency terms investment visas need less investment now than they used to.

 

But the question we all have is why on earth would anyone outside of Australia apply for an RRV if they're not going to use it?

[Cantabrigian]

Bungo - I didnt mean you lead me to believe that £1 million would be needed, my poor message, just really going on what you said about substantial ties and mainly the fact the officer said to me my investable assets (5 million AUD) were not invested in the currency. I did also have a business plan to invest and develop a holistic retreat with evidence of emails and paraphernalia linked to purchasing a particular business, which is incidentally still for sale (have up to date emails form agent) But the case officer was not persuaded a second time round.

 

Ken - Why would I apply for an RRV and not use it (personal issues with life but now sorted out, arrival of baby and marital stuff) I probably should have come alone to see, but I now look back and think I may not have had a marriage at the end of it. Ironic but with a sleeping baby we are back to normal and happiest we have ever been. shame she didn't sleep 2 month earlier :wink:

 

Opening myself up to you, I think my life in the UK is very good and although I still hold the desire to escape to Australia and try it, maybe I was not desperate enough to just do it. Hunger and necessity always act as wonderful motivators to do things. The UK is and has been good to me, I know how to make money and I like the fact its not heavily regulated. For me I accepted on the face of it Australia would maybe not be financially as kind but was pulled by the lack of people and weather (maybe not the best reasons in their own). I just wanted to give it a 2 year trial and then see where we were.

Edited September 12, 2015 by Cantabrigian