PR visa expiring- query on Resident return visa

[Marisawright]

2 hours ago, Jay2016 said:

I've contacted estates agents about buying property, it's a bold move. Assuming RRV is granted 
.

You keep talking about a RRV, but am I right in understanding that you've never lived in Australia, apart from a visit to activate your visa some years ago?

If that's the case, then I don't see how you can possibly qualify for a RRV.  You don't mention anything that has stopped you moving to Australia over the last 5 years, so you can't claim extenuating circumstances, and you haven't mentioned any ties to Australia either.  Why do you think you stand a chance of getting one?

Assuming your original visa hasn't already expired (I hope it hasn't), I'd have thought your only option is to move to Australia NOW before it runs out.   Once you're in Australia, you don't need a RRV, until you need to leave the country again.

Edited February 4, 2018 by Marisawright

[Jay2016]

Correct on all counts (you have been reading) however my company owns an Australian company. If the RRV fails then yes a very very quick decision to make. I'm dejunking my house in preparation but I don't make decisions quickly and could it be the worst upheaval/unnecessary upheaval into the unknown when I'm settled in my 'rut'

[Marisawright]

9 hours ago, Jay2016 said:

Correct on all counts (you have been reading) however my company owns an Australian company. If the RRV fails then yes a very very quick decision to make. I'm dejunking my house in preparation but I don't make decisions quickly and could it be the worst upheaval/unnecessary upheaval into the unknown when I'm settled in my 'rut'

How does your company owning an Australian company make any difference?

[Destination Journey]

Guys, I need your advice/comments on my situation too....

I made initial entry in Oct 2013 and then came back to my home country and never went back to Aus...now my PR visa is expiring on 27th Feb 2018...I was not able to move back to Aus permanently due to the fact that my parents were alone and ill, and there was no other sibling to take care of them, so I had to stay with them....now recently my father died on on 22nd January 2018 after chronic illness....I want to apply for RRV, so what options do I have here now? Does my father death count as "a compelling and compassionate reason for leaving Australia"? 

[Guest]

14 hours ago, Destination Journey said:

Guys, I need your advice/comments on my situation too....

I made initial entry in Oct 2013 and then came back to my home country and never went back to Aus...now my PR visa is expiring on 27th Feb 2018...I was not able to move back to Aus permanently due to the fact that my parents were alone and ill, and there was no other sibling to take care of them, so I had to stay with them....now recently my father died on on 22nd January 2018 after chronic illness....I want to apply for RRV, so what options do I have here now? Does my father death count as "a compelling and compassionate reason for leaving Australia"? 

You validated and then left back in Oct 2013? And not set foot in Aus since? I don't know if you stand much chance of an RRV tbh. It could be if you want to go you'll have to get on a plane asap and get there. 

Perhaps, as time is running out fast to get things sorted, speak to one of the agents on here and seek their advice re a RRV. @wrussell @Raul Senise @Alan Collett @Richard Gregan Any of those would be a good starting point.

 

[Marisawright]

49 minutes ago, snifter said:

You validated and then left back in Oct 2013? And not set foot in Aus since? I don't know if you stand much chance of an RRV tbh. It could be if you want to go you'll have to get on a plane asap and get there. 

Perhaps, as time is running out fast to get things sorted, speak to one of the agents on here and seek their advice re a RRV. @wrussell @Raul Senise @Alan Collett @Richard Gregan Any of those would be a good starting point.

 

@Jay2016  - I dont know why no one responded to your posts with a reply like this, but please take note.   You're in exactly the same situation (you hopped over to Australia for an activation visit but never went back).   But you can't claim the extenuating circumstances of having parents to care for, so I'd have thought your own case for a RRV was considerably weaker.  I would strongly suggest you contact one of those agents for an opinion.  If you're not likely to get an RRV, then every day counts.

Edited February 6, 2018 by Marisawright

[Destination Journey]

4 hours ago, snifter said:

You validated and then left back in Oct 2013? And not set foot in Aus since? I don't know if you stand much chance of an RRV tbh. It could be if you want to go you'll have to get on a plane asap and get there. 

Perhaps, as time is running out fast to get things sorted, speak to one of the agents on here and seek their advice re a RRV. @wrussell @Raul Senise @Alan Collett @Richard Gregan Any of those would be a good starting point.

 

Yes, I validated and then left back in Oct 2013 and never went back to Aus since.

[Ken]

On ‎3‎/‎02‎/‎2018 at 22:28, Jay2016 said:

 

The point would be dependent on circumstances. Take this as an example, therefore making the point VERY important: if you have a PR visa granted, visited within the first 12mths as stipulated, the PR visa allows you 5yrs of unlimited travel in/out of Oz. But... Let's say You don't actually migrate/live in Oz by the 5yr deadline.... You've then blown it, you cannot after that time migrate/live in Oz even though you're PR visa is for life as you have to physically be in Oz on that day 5years from grant date. What do you do? You could apply for an RRV, but because you fail there (living in Oz for at least 2yrs of the last 5) you will not get RRV ~ 5yrs BUT if you can prove Substantial Ties you could get granted RRV for 12mths..... Effectively extending the 5yr travel portion to 6yrs..... Get your skates on and Move over to Oz. Another point someone testing this might ask....You don't need to apply for the RRV whilst within the 5yr initial period of you're originally granted PR visa; you can do it anytime after no problemo BUT you will hit another snag.... IF you want to enter Oz over 5yrs since you last left (what dates is that??? It's the date you left when you visited within the first 12mths.... As mentioned above) then you have to write to Immigration and explain yourself.... Then this is out of your control!! (Snag) because they then decide yes/no to entry. THE END
Would be curious if anyone understands this better/differently???

 

The 5 year period in which you can enter Australia (as many times as you want) ends 5 years after the visa was issued (the date is given to you when the visa is issued) and not 5 years after you left the country. Any entry after that requires an RRV. If the 5 year period hasn't expired you merely have to move to Australia and stay there you don't need an RRV (if you then need to leave you can apply for one then). 

[Jay2016]

Thanks

[xmascreek]

On 06/02/2018 at 11:04, Ken said:

The 5 year period in which you can enter Australia (as many times as you want) ends 5 years after the visa was issued (the date is given to you when the visa is issued) and not 5 years after you left the country. Any entry after that requires an RRV. If the 5 year period hasn't expired you merely have to move to Australia and stay there you don't need an RRV (if you then need to leave you can apply for one then). 

There is an extra stipulation for the RRV that you need to have spent 2 years in Australia during the 5 years, or they may restrict the time of the RRV.  Best thing it to apply for Citizenship before the 5 years :-) Seems like they're trying to stop wealth tourists.

[Marisawright]

8 hours ago, xmascreek said:

There is an extra stipulation for the RRV that you need to have spent 2 years in Australia during the 5 years, or they may restrict the time of the RRV.  Best thing it to apply for Citizenship before the 5 years :-) Seems like they're trying to stop wealth tourists.

At one time, there was a widespread practice in some countries (especially Lebanon) to get PR as a "safety net".  People wanted to live in their own country, but wanted to have the ability to move to Australia if there was a war or other trouble.  So they'd get PR but never actually live in Australia.  All the new rules have been introduced to stop that kind of thing.

[Lisa De Leon]

Should a permanent resident leave Australia without a RRV, or if the person is overseas when a permanent visa (including a RRV) expires, the person will have lost the right to return to Australia and as such, they will have lost the right to remain indefinitely in Australia. The person’s status as a permanent resident can only be regained if an appropriate RRV is granted. There are several classes of Resident Return visas and the criteria for the grant of an appropriate RRV vary depending on how long the applicant has actually lived in Australia at the time of application.

The subclass 155 RRV is a permanent visa with a travel facility of up to 5 years. Applicants who have been in Australia as a permanent resident for a total of 2 years in the last 5 years are eligible to be granted the maximum travel facility of 5 years. Those applicants who do not meet the residence requirement may be granted a travel facility for up to 12 months where they can demonstrate substantial personal, employment, business or cultural ties that are of benefit to Australia.

If the applicant has been absent from Australia for a continuous period of more than 5 years it is necessary, in addition to the substantial ties to Australia, to substantiate compelling reasons for the absence from Australia. 

Some examples of compelling reasons under policy include but are not limited to:

• •severe illness or death of an overseas family member
• •applicant or the applicant’s accompanying family members have been receiving complex or lengthy medical treatment preventing travel
• •applicant has been involved in legal proceedings such as sale of property, custody, or contractual obligations and the timing was beyond the applicant’s control;
• •the applicant has been caught up in a natural disaster, political uprising or other similar event preventing them from travel.

Basically, the longer you wait the harder it will be to convince the Department to grant you a 155 visa.

[BFM]

I understand that if you enter Australia before your PR visa expires that you only need an RRV if you need to leave the country. I have previously made two trips to Australia of 3 weeks each - one within the first 12 months to validate the visa and another later trip. If you do not have the 2 year residence requirements then how strict are they on the ties to Australia that you need to demonstrate ? Is having a job in Australia sufficient ?  Also are you only likely to get a 1 year RRV ? Could someone please elaborate ?

[Marisawright]

9 hours ago, BFM said:

I understand that if you enter Australia before your PR visa expires that you only need an RRV if you need to leave the country. I have previously made two trips to Australia of 3 weeks each - one within the first 12 months to validate the visa and another later trip. If you do not have the 2 year residence requirements then how strict are they on the ties to Australia that you need to demonstrate ? Is having a job in Australia sufficient ?  Also are you only likely to get a 1 year RRV ? Could someone please elaborate ?

Read Lisa de Leon's post - she's a migration agent and what she's posted is the official position.   A tie means an established connection.  So an existing job would count as a tie, but I very much doubt that taking up a new job would count for anything at all.  

Having said that, I've seen several posts suggesting they're far more lenient than the official position suggests, and people are managing to get a RRV on very flimsy grounds. However personally, I wouldn't bank on it, and I'm pretty sure it would be for one year.

Edited February 25, 2018 by Marisawright

[Ken]

On ‎25‎/‎02‎/‎2018 at 07:10, BFM said:

I understand that if you enter Australia before your PR visa expires that you only need an RRV if you need to leave the country. I have previously made two trips to Australia of 3 weeks each - one within the first 12 months to validate the visa and another later trip. If you do not have the 2 year residence requirements then how strict are they on the ties to Australia that you need to demonstrate ? Is having a job in Australia sufficient ?  Also are you only likely to get a 1 year RRV ? Could someone please elaborate ?

You might not even get a 1 year RRV if your only tie to Australia is a job, it could be a 3-month RRV or even less. The logic being if you have a job in Australia why would you need to be (or even be able to be) outside of Australia for more than 3-months?

[Nemesis]

1 minute ago, Ken said:

You might not even get a 1 year RRV if your only tie to Australia is a job, it could be a 3-month RRV or even less. The logic being if you have a job in Australia why would you need to be (or even be able to be) outside of Australia for more than 3-months?

Three months is the shortest RRV time, they don't issue one for less