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Dijo

PR visa expiring- query on Resident return visa

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Our PR visa expires next year. I would like to get my Visa extended for a few more years.

 What is the process and are the reasons to be very convincing for the DEBP ? 

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Thanks for that reply Evandale. So if I understood you correctly, the reason need not be very convincing.

To make things a bit more clear we had our visas granted in 2013 and had the visas activated by entering and exiting Australia in 2014. And have not returned to Australia ever since. Not sure if that is the same situation as yours. 

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Ok. My understanding is that when you are first granted PR you have 5 years to permanently move to Australia.

RRVs are generally for people who have made the move and want to exend the travel portion of their visas (they may be still waiting for citizenship or choose not to become a citizen)

You would want to have a very valid reason for not moving within the 5 years (2018), you may get 12 months additional if you have a valid reason (eg terminally ill parent).

You don't get to just keep the option open to move forever.

Edited by Collie
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I think you are right.

 
 I know a family who had a few months remaining same situation as Dijo and DIBP rejected the RRV request initially.
 
Since they were in the process of migrating to Australia they submitted  proof of children being provided admission in Australian school and got the PR visa extended for an year.  
 
They migrated to Australia a couple of months later 
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1 hour ago, Dijo said:

Thanks for that reply Evandale. So if I understood you correctly, the reason need not be very convincing.

To make things a bit more clear we had our visas granted in 2013 and had the visas activated by entering and exiting Australia in 2014. And have not returned to Australia ever since. Not sure if that is the same situation as yours. 

I was under the impression that you were already residing in Australia, many apologies. Then my information is totally wrong .. as "Collie says" . Good luck!

 

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Thank you Collie, sc333, evandale and Jay2016

 
So it seems that it's not at also easy.
 
My reason wanting an extension is that my child would be starting her GCSE next year and I think it won't be wise to move over as that could affect her studies. Migrating now would take her out of her learning environment- school, friends, school mates, teachers and more importantly the educational system. It could very likely take her time to adjust to the new environment and educational system and it could have a detrimental effect on her performance. As you would all know secondary and higher secondary are critical periods in a child's education and the performance in those levels could determine the child's future. 
 
Any suggestions ? Is the Australian secondary and higher secondary systems same as in UK or different ?
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If you're planning to emigrate to Australia, there is very little benefit to planning it around your daughter's GCSEs they aren't used here.  Most kids stay at school until they are 17/18 and sit the Higher School Certificate (varies a little from state-to-state but here's NSW: https://en.wikipedia.org/wiki/Higher_School_Certificate_(New_South_Wales)

Unfortunately there is always going to be disruption...

 

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Tend to agree with Peach. The education systems here are different and GCSE's won't have much bearing here if you did make the move. I'd say you either need to make the move soon and get into the Aus system for the HSC and let your daughter form friendships here (kids don't start HS till a couple of years later here fwiw) and go with that or stay where you are and the visa end. 

If you've been planning to migrate since 2013, if you are going, you need to go at some point in the not too distant future else the visa will be lost and you'll either have to start all over again or not go.

If you've had your visa almost 5 years and have not migrated yet, you will most likely only get a 1 year RRV. And there are no certainties about that although you would hope it would be ok. I can't see you would get an extension after that runs out. I doubt this would be long enough for your daughter to complete her GCSE's as its a few years in the happening till the actual exams are undertaken. 

Plenty of people make the move with teens. Some find it great, others not. All comes down to the family, the kids and no one can say how it would go for your family. Teens can often find it hard to leave their friendship groups, social circle and boyfriends or girlfriends if they happen to have them.

I suggest you need to sit down as a family and decide once and for all if you move or not. Either you'll make the move or knock the idea on the head. Either way, it'll decide it and you can move forward as you need to. 

 

 

 

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Yep - I don't think they will accept that as a valid reason.

To play devils advocate - they will ask why haven't you made the move already so your daughter could get settled when she was younger?

You can try but Idon't think you'll get it and if you do it will be 12 months max (which probably isn't long enough anyway).

So as the poster above says, it's decision time.

Unfortunately, you can't have your cake and eat it (until you get citizenship :))

It may be worth sitting down and doing a Pros and Cons list for Australia and the UK to help clarify your thinking.  It's something I did in 2010 for Dublin, London, Sydney.

Which part of Aus are you planning to move to?

Good luck. 

 

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Our 5 year RRV was about to run out and then my husband got a job offer in Australia which was how we managed to get the RRV renewed (for 1 year). I don't think you would get a new RRV without proving that you have significant ties to Australia.

Go Matilda helped us with ours - did a great job

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8 hours ago, Dijo said:

Thank you Collie, sc333, evandale and Jay2016

 
So it seems that it's not at also easy.
 
My reason wanting an extension is that my child would be starting her GCSE next year and I think it won't be wise to move over as that could affect her studies. Migrating now would take her out of her learning environment- school, friends, school mates, teachers and more importantly the educational system. It could very likely take her time to adjust to the new environment and educational system and it could have a detrimental effect on her performance. As you would all know secondary and higher secondary are critical periods in a child's education and the performance in those levels could determine the child's future. 
 
Any suggestions ? Is the Australian secondary and higher secondary systems same as in UK or different ?

Don't think that is going to fly. And, if you continue that logic, you would be silly to take her out before she's done A levels - they travel better to Australia than Aus yr 12 results do in reverse and by doing A levels in UK she keeps her options open for a UK Uni without having to pay international student fees. GCSEs are irrelevant in Aus and generally by the time a kid has done them they are too old to slot neatly into the Aus system where they start their final two years at 16 and you really need to do the full yr 11/12 course to do well. So if her education is important to you the sensible thing would be to draw a line under Australia and be grateful for what she now has going for her.

The two systems tend to even out after an honours degree - Aus graduates are as employable as any other first world graduates.

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Thank you Peach,snifter, Collie, Yelverton and Quoll for the information, suggestions and advise. I appreciate the fact you have given lengthy replies for my query.

Taking a decision is not easy but yes I will have to take a decision on way or the other.  

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Hi we are in a similar situation but did move to oz in 2013 but left in 2016 due to finances, hubby suffered depression and felt lost without family. Good job did return when did as hubbys mom then had major heart surgery and now dad has cancer but our visa is due to expire next yr and really want to return just want to know if they would extend it for at least a yr, oldest son is due to finish exams next may gcse yes I know doesn't count in oz but don't feel fair on him to move him again for the sake of a few months. We have a pr visa at present. Any advice is appreciated.


:arghh:

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Thanks for that reply Evandale. So if I understood you correctly, the reason need not be very convincing.
To make things a bit more clear we had our visas granted in 2013 and had the visas activated by entering and exiting Australia in 2014. And have not returned to Australia ever since. Not sure if that is the same situation as yours. 

SAME AS ME!!!!! SAME DATES TOO

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I wrote a post this morning on RRV on another Thread.... I'll find it and copy it into here if I can And dinner loose this thread!

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But what would be the point?


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???

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On 08/08/2017 at 01:22, lesleybruck said:

Hi we are in a similar situation but did move to oz in 2013 but left in 2016 due to finances, hubby suffered depression and felt lost without family. Good job did return when did as hubbys mom then had major heart surgery and now dad has cancer but our visa is due to expire next yr and really want to return just want to know if they would extend it for at least a yr, oldest son is due to finish exams next may gcse yes I know doesn't count in oz but don't feel fair on him to move him again for the sake of a few months. We have a pr visa at present. Any advice is appreciated.

If your husband became depressed and struggled without his family, what makes you think it will be any different giving it another go? Just throwing that out there.

The same issues you faced will be there again, it’s down to if you will be able to overcome and get through the possible problems. 

I’d perhaps discuss with one of the agents on here as to if you have a good case for an RRV. Is your son keen to go again? And possibly ping pong back if it doesn’t work out? You are asking a lot of a 16 year old to move back and forth at this vital time in his life. Whatever you choose to do needs to stick for a good few years most likely to ensure he has some continuity to his studies and longer term plans. 

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Sorry didnt make myself clear enough. His depression started in uk but didnt come out until in oz finally told me how he had felt in the uk etc work, life, family etc. It wasnt because in oz. Oz made him very happy and loved it but came back due to serious family illness and money. 16yr old is very happy to move back really misses it hates being indoors. 


:arghh:

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You may be able to get a RRV but I really don’t know their grounds for granting one or not. You lived there for a few years before moving back to the UK so that hopefully will count for something RRV wise. 

TBH if you all really want to be back there and to stay, I’d look to going ASAP and your son getting into the Aus school system to sit the exams etc if he is able. GCSE’s won’t really be much use to him once in Aus. If you delay and then need to apply for a RRV you risk getting it for only a few months, perhaps a year and it may not be enough time even then.

Talk as a family, talk to a decent agent as to the RRV so you know exactly what it entails and your chances etc (any who post on this forum would be good) and weigh it all up. 

If your son can do the last couple of years in the Aus school system as Quoll posted about above and explained well, it may be better overall  to do this if you all want your long term future in Aus. Why hang around for him to miss out on that if it’s something that is possible right now? He stays for GCSE’s, he most likely misses out in Aus with their school and exam system. You can’t have both I don’t think, so work out what you and he do actually want and go from there. 

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I think it's a well known fact kids grow up to quickly so moving them now and maybe they have to go back a year at school you get to keep them a little longer before they go off to uni or whatever they decide to do, can't be too bad a thing

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19 hours ago, Jay2016 said:

 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 ...

 

That's pretty much how I understand it.  You can't get a RRV if you haven't lived in Australia for the required time, unless you have VERY convincing explanation for why you weren't able to meet that requirement.  You also need to demonstrate ties to Australia, which basically means having relatives or property here.

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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I've contacted estates agents about buying property, it's a bold move. Assuming RRV is granted the next snag is (and I can't remember what it's called/get to my laptop to check) is you need to write to explain your absence for over 5yrs. But if I get to go on a holiday/Reconnaissance mission to Oz this year does the "over 5yrs since you last left Oz" get reset??
My problem is I over analysis things when u should just GO or STAY and stop with the what ifs.
Thanks for your reply Marisa

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