Jump to content

Returning Resident Visas


Anorak

Recommended Posts

While browsing another forum I came across a thread by someone who had lapsed permanent residency, and the advice was for them to try getting a returning residents visa before re-apply for GSM, despite the fact that their visa was granted seven years ago and they hadn't been in Australia since their validation trip.

I'm in a similar situation: I was granted Class VE, subclass 176 Skilled - (VE 176) in December 2008, and validated in August 2009, but we never made the move. The visa "expired" in 2013.

Now I'm in the position where I work for an Australian company and have the opportunity to work out of their Sydney office and they'll sponsor me for a 457 (out of their pocket) and 186 (out of my pocket). Now I'm thinking that if RRV is a possibility after all this time, I should try for that first then we have the security of PR without the cost of a new application. Of course I would need to get an additional visas for our children who were born in the interim, but that's still a *lot* cheaper than a whole new application for the (now) five of us.

Is this really a possibility? Any anecdotal evidence of RRVs being granted even after (effectively) non-residence?

Oh and to complicate things I've been back to Australia in the interim on a 651 eVisitor, so I'm guessing my 176 will have cancelled. ?

Edited by Anorak
Link to comment
Share on other sites

Yes, RRV's can be granted well outside the normal rules and given the costs, a good thing to try first.

Your visa has not being cancelled, just the portion that allows you to enter Australia - if you were already there, then you would still have the full visa.

If you have a job offer then that would be looked on very favorably by the department

Link to comment
Share on other sites

After carefully reading everything to do with RRVs, and consulting with an MA it looks like this route is an option for me. My job gives me my substantial ties to Australia, and as long as they accept my compelling and compassionate reasons for not being in Australia (new children which were dependent on extended family for childcare and older child doing GCSEs) then we should all get 12 month RRVs to allow us to make the move (as long as we get visas sorted for the younger children). ?

Link to comment
Share on other sites

1 hour ago, Anorak said:

After carefully reading everything to do with RRVs, and consulting with an MA it looks like this route is an option for me. My job gives me my substantial ties to Australia, and as long as they accept my compelling and compassionate reasons for not being in Australia (new children which were dependent on extended family for childcare and older child doing GCSEs) then we should all get 12 month RRVs to allow us to make the move (as long as we get visas sorted for the younger children). ?

 

Hi, I am in a very similar situation and have just applied now for an RRV, fingers crossed!!! :)

I'm sure you're MA will tell you, but if not, you can also include letters of support from any friends and families you have there stating your relationship with you, why they believe that you will return to Australia permanently, and how they think that you have integrated into the Australian community (which it seems does not apply to you since you did not stay for long) and the significance of your return to Australia in their lives. They also need to give you a scanned copy of their Australian passport or permanent residence status.

Try to also include other stuff that ties you to Australia like any emails/applications to schools for your children etc

Good luck!

Link to comment
Share on other sites

I'm in a similar situation. 

We had PR visas granted in 2006, came back from Oz in 2007. Both myself and my wife have recently been granted our 1 year RRV's (10 years later). However we now have 2 children without visas!  I've just posted their child visas to London today! At a cost of $2,415 each sadly. Just praying they're granted quickly to give us time to arrange the move!

Link to comment
Share on other sites

21 minutes ago, brock79 said:

Both myself and my wife have recently been granted our 1 year RRV's (10 years later).

Congratulations! Do you mind me asking what your "substantial ties" and "compelling and compassionate reasons" were?

24 minutes ago, brock79 said:

At a cost of $2,415 each sadly.

I was under the impression you could include multiple children on a single 101 application, and when I did the calculator on http://www.border.gov.au/Trav/Visa-1/101-?modal=pricing-estimator it included the second child for $605. Even if I have to pay full price, it's still cheaper than new PR for all of us. :-)

26 minutes ago, brock79 said:

Just praying they're granted quickly to give us time to arrange the move!

?for you. When are you moving?

Link to comment
Share on other sites

No I'm pretty certain each child needs their own 101 visa. The extra fees of say $605 will be for if your children have any members of their own family unit (i.e. If they have any kids themselves!). 

Our substantial ties were the family we have in Oz. I have uncles, aunties, cousins and Grandparents there. Compelling reasons were just our life story of being back, getting married, having children and requiring the support of our family in the UK before we could think of returning. 

Not sure when we're going yet, will all depend on the child visa grants and then the sale of our house. Just anytime before our RRV's expire next June.  We'll be going back to Perth again. 

Link to comment
Share on other sites

8 hours ago, brock79 said:

No I'm pretty certain each child needs their own 101 visa. The extra fees of say $605 will be for if your children have any members of their own family unit (i.e. If they have any kids themselves!). 

Our substantial ties were the family we have in Oz. I have uncles, aunties, cousins and Grandparents there. Compelling reasons were just our life story of being back, getting married, having children and requiring the support of our family in the UK before we could think of returning. 

Not sure when we're going yet, will all depend on the child visa grants and then the sale of our house. Just anytime before our RRV's expire next June.  We'll be going back to Perth again. 

You're correct, each child requires his/her own visa. 

  • Like 1
Link to comment
Share on other sites

  • 6 months later...
On 02/08/2017 at 14:47, brock79 said:

No I'm pretty certain each child needs their own 101 visa. The extra fees of say $605 will be for if your children have any members of their own family unit (i.e. If they have any kids themselves!). 

Our substantial ties were the family we have in Oz. I have uncles, aunties, cousins and Grandparents there. Compelling reasons were just our life story of being back, getting married, having children and requiring the support of our family in the UK before we could think of returning. 

Not sure when we're going yet, will all depend on the child visa grants and then the sale of our house. Just anytime before our RRV's expire next June.  We'll be going back to Perth again. 

@brock79 Just reading your comments and wondering what your outcome was please? I'm just putting in my application for an RRV and trying to explain compelling reasons etc.  Luke you, my partner and I went out to Perth but returned 2009. Desperate to go back now but have expired PR visa.

Link to comment
Share on other sites

1 minute ago, Loxxy said:

@brock79 Just reading your comments and wondering what your outcome was please? I'm just putting in my application for an RRV and trying to explain compelling reasons etc.  Luke you, my partner and I went out to Perth but returned 2009. Desperate to go back now but have expired PR visa.

Hi, the outcome was as listed in a few earlier posts, we were granted our 1 year RRV's, we have to be in Oz before early May, cutting it very fine now as still trying to sell our house!

Good luck with yours.

Link to comment
Share on other sites

Unless you actually need the funds from the sale to move then you don’t need to stay to sell the house.  These days it is easy and common to buy and sell property from overseas, just speak to your lawyer about it.  You can give them permission to sign or  you or you can have them mail the docs to you and you can post them back (lawyers don’t like scanned signatures).  Just get all the paperwork done before you leave and get an agent you trust to sell.  

Edited by rammygirl
Auto correct!
Link to comment
Share on other sites

@brock79  Thanks for your reply, and apologies for missing your earlier post previously. 

@Anorak  Hi - just interested to hear an update on your situation please? Specifically if they accepted your compelling and compassionate reasons for not being in Australia for over 5 years? I'm currently writing my reasons and I fear that they are not sufficiently compelling... :( My Aussie Citizen partner and I have been living in the UK out of choice (work opportunities etc) since 2009, not for any "compassionate" reasons in particular, and my PR visa expired in 2011.  Now we're ready to start a family, we want to return, raise our kids and settle there permanently. Am I doomed to fail in securing an RRV??  Any personal experiences shared would be much appreciated.  I'd prefer to avoid the partner visa route as the price tag is apparently a whopping AU$7000 application fee!!! Impossible for us to afford sadly. 

 

Link to comment
Share on other sites

Hello

Can anyone help me? My husband has an RRV expiring 01.05.18. I have a job offer and am awaiting my RRV. If this is granted we obviously need to go very soon, before 01.05.18.

However we have an 8 month old baby, born in UK. We do not have time to apply for his permanent visa.

Does anyone know how I can get him there? Is a holiday visa an option then applying when we are there? Can he be granted an RRV as a dependent despite not being a former resident himself?

Any help greatly appreciated.

Link to comment
Share on other sites

9 hours ago, Loxxy said:

@brock79  Thanks for your reply, and apologies for missing your earlier post previously. 

@Anorak  Hi - just interested to hear an update on your situation please? Specifically if they accepted your compelling and compassionate reasons for not being in Australia for over 5 years? I'm currently writing my reasons and I fear that they are not sufficiently compelling... :( My Aussie Citizen partner and I have been living in the UK out of choice (work opportunities etc) since 2009, not for any "compassionate" reasons in particular, and my PR visa expired in 2011.  Now we're ready to start a family, we want to return, raise our kids and settle there permanently. Am I doomed to fail in securing an RRV??  Any personal experiences shared would be much appreciated.  I'd prefer to avoid the partner visa route as the price tag is apparently a whopping AU$7000 application fee!!! Impossible for us to afford sadly. 

I don't think anyone will be able to tell you your chances of success, but given the quick turn around and low cost of the RRV you may as well just apply and see what happens.  They do grant them to people who don't seem to have the full criteria, we got ours back after being away 10 years and only having spent 6 months in Australia, so it's certainly possible.  Just apply and see what the result is.

Edited by brock79
Link to comment
Share on other sites

22 minutes ago, Staffy said:

Hello

Can anyone help me? My husband has an RRV expiring 01.05.18. I have a job offer and am awaiting my RRV. If this is granted we obviously need to go very soon, before 01.05.18.

However we have an 8 month old baby, born in UK. We do not have time to apply for his permanent visa.

Does anyone know how I can get him there? Is a holiday visa an option then applying when we are there? Can he be granted an RRV as a dependent despite not being a former resident himself?

Any help greatly appreciated.

Your baby will need it's own full child visa, you cannot add them on to an RRV or get them their own RRV if they haven't been a PR previously.  I know this as I had to apply for 2 full child visa's for our children who hadn't been born when we were last in Oz, which is why we're now pushing it to get back before the RRV expires.

I'm no expert on this bit but I believe you can apply for a 6 month tourist visa quite easily for your child and then you can apply for their child visa in Australia, if it's granted you will then have to leave Australia and go back in to activate the child visa.

Link to comment
Share on other sites

13 hours ago, Staffy said:

Thank you for your help. I was thinking that might be our option. Cheers.

When I moved last year with my 3 month old, I consulted a MA and they advised me the best option would be to file a Child Visa offshore and apply for tourist visa as well. They also told us to make our intentions clear in the the visa application to let them know this is what we were doing. They told once the Child Visa was granted we need to exit the country and get back in with the child on the PR visa. Luckily for us the Child Visa was granted in about a month and we did not have to go though the tourist visa. Best of luck on your move. I would suggest to submit a child visa application and mention that you need to move by a certain date for the job in the application, I did the same. There is very good chance they would approve your visa sooner. It will also help if you have the PCC done for yourself and your spouse and submit it along with the application, in that case you would only need to get the medicals done once asked for the child.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...