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chrisdarby

RRV or ETA

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Hi,

I am 37 years old, I am a british citizen but i've had permanent residency in Australia since I was 8 years old, so going on 29 years now.

I have a young daughter (6 years old) who is an australian citizen and currently living with her mother, my ex wife, also an australia citizen, in Perth WA.

I also have both of my parents and all of my siblings living in Australia as either permanent residents or a couple that have now gotten their citizenship, I visit both them and my daughter regularly.

In Feb 2013 I renewed my RRV for 5 years to travel to the UK, I travelled to the UK in May 2013, got offered a very good job, and am now living and working here, and currently earning more here than I can with the same type of work in Australia, coupled with lower cost of living allows me frequent trips back to Australia as well as being able to send over increased financial support to my daughter.

Between then and now i've travelled back to Australia 5 times, and plan to continue to travel to Australia (Perth) at least twice a year to spend time with my daughter (she also visits the uk at least once a year with her mother) and to spend time with my parents and siblings in Adelaide.

My current RRV is due to expire late February 2018.

I have travel back to Australia planned in March/April 2018, after my RRV expires.

My problem is this, I have no ‘immediate’ intention to return to australia to live as a resident within the next few years, due to my current employment, the pay of which I can't match in Australia (especially considering the low cost of living where i am now), and coupled with the fact that I am in a long term relationship here in the UK.

I have been advised when calling the immigration dept that renewing my RRV annually is going to become more and more difficult with the immigration dept eventually (if not sooner) questioning if i have any intention to actually come back to live and then outright denying the RRV.

Within the next 5-10 years (or longer) providing things continue as they have, i have no intention of working in Australia, claiming benefits, using medicare etc, but need access to see my daughter, so I don't need all the benefits that come with an RRV at the moment, but if things change either planned or due to unforeseen circumstances, I don’t want to be cut off from my daughter or the rest of my family, due to a visa issue.

What are my options?  And what sort of costs are involved in ensuring that I can continue to legally visit my daughter in Australia up to 2-3 times a year.

I currently intent to renew my RRV in January for 1 year, but my concern is what happens after that, what will happen if I have to switch to another visa (ETA or eVisitor) or something.

I understand that ETA or eVisitor will allow me to visit for 12 months and stay up to 3 months at a time, but without the ability to work, etc which is absolutely fine at the moment, but if I do have to move back at some point either due to:

a) Illness in my family in Adelaide or Perth
b) issues with my daughter
c) changes in circumstances in the UK
d) something else.

Will getting an ETA instead of RRV prevent me from getting another RRV in the future, I’ve had conflicting advice from two different people at Immigration and Border Control.

Can anyone offer any insight?

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Getting a ETA is likely to cancel your PR! The rule is that a visa cancels previous visas. 

However, I would say you have a very strong case in the immediate term for RRV, but yes there could well be an issue going forward. As a result, I would speak Tina good registered migration agent for their opinion on the long term. However, you would need to be aware that the rules change all the time and at the moment, the political climate is one of tightening the rules a lot. 

There may though be other options for the father of a permanent resident daughter, such as parent visas. 

As a side, never take advice from calling the department. All you speak to are barely trained call centre staff. We regularly see people on the forum getting into a big mess due to following their advice and they have a legal indemnity that protects their bad advice. 

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Tend to agree with the above. 

I'd seek advice from a reputable migration agent and see what they say for the longer term. I'd not apply for a ETA as that could cancel your PR and you'd be stuffed.

Is there any way to gain citizenship? You can hold dual if you are a British citizen. 

And yes, don't take what the immigration people have told you. They are well known for giving out incorrect info. They are not there to give visa advice and often don't know the ins and outs of it and people have ended up shut out of Aus with no way back. 

 

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22 hours ago, snifter said:

Tend to agree with the above. 

I'd seek advice from a reputable migration agent and see what they say for the longer term. I'd not apply for a ETA as that could cancel your PR and you'd be stuffed.

Is there any way to gain citizenship? You can hold dual if you are a British citizen. 

And yes, don't take what the immigration people have told you. They are well known for giving out incorrect info. They are not there to give visa advice and often don't know the ins and outs of it and people have ended up shut out of Aus with no way back. 

 

He wouldn't be "stuffed" as RRVs are available to former permanent residents as well as current ones and therefore changing visas doesn't necessarily preclude getting an RRV in the future. 

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35 minutes ago, LeMain said:

He wouldn't be "stuffed" as RRVs are available to former permanent residents as well as current ones and therefore changing visas doesn't necessarily preclude getting an RRV in the future. 

I think I said 'could' not 'would'. But yes, perhaps stuffed was not the best choice of wording. He may well be able to apply and gain an RRV back but if he can avoid the stress and worry about that possible situation given his concerns re his child then perhaps that is better all round. 

Given also the considerable changes to visas and processes that seem to be happening its also perhaps better to find a way to ensure continuation rather than losing the PR and then having to reapply a few years down the road. Hence seeking out an agent to advise a decent plan of action. It may well be the PR will end up lapsing and he'll have to ensure to keep ties to Aus to enable the application for a RRV in however many years when he is ready. But at least an agent will be able to give him a good idea and he can then keep himself informed of any changes to the RRV and anything that may affect his applying. 

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