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Residents return visa


Lostbuthappy

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I was a permanent resident in Australia.  Been living there since 1969.  Lived in Australia for 38 of my 51 yrs all together. This is my longest time ( 8yrs )  away. Did not apply for a return before departed so my time restriction is up.  I still have my father, sisters,brother, son and 2 grandchildren in Australia. Just a little worried they won't allow me back.  I lodged my application 16 days ago and nothing yet. 

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Hi

Have you looked on the Dept of Immigration and Border protection website? They publish visa processing times based on recent statistics and advise how long it takes for both 75% and 90% of applications.
Which RRV have you applied for ?
My application took a month which was longer than 90% of applications but at least it came through in the end!
Good luck

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  • 4 months later...
15 hours ago, Welshsaznlevi said:

Hi, out of curiosity have you received yours yet? I applied 25/11 and still nothing! I have been away 6.5 years so I'm in a similar situation. I get no replies from emails and if I'm called in told to be patient 

I did see someone say, on another thread, that they seem to be shelving the complex applications and giving priority to the straightforward cases.  

Reading your other thread, I'm worried that you might be lacking in "compelling reasons" why you haven't returned to Australia within the time allowed.  That's the most important part of the application.

Edited by Marisawright
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Thanks for your replies, I feel my reasons are compelling. I fell pregnant, unplanned. My partner at the time wasn't ready to be a father and asked me to terminate, I booked a one way ticket home as I have no family there. Stupidly did not look into the requirements to get a rrv just assumed it would be granted as a PR. My plan was never to stay here, I just needed the support from my family. Since then my son's father has been in touch and desperately wants to be in his life, we have got him citizenship by decent and I got his Aus passport in December. 

I have uploaded a letter stating this but I guess it can't be classed as evidence as it's only my word although I have also uploaded certified copies of his citizenship and passport. 

Thank you 

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36 minutes ago, Welshsaznlevi said:

Thanks for your replies, I feel my reasons are compelling. I fell pregnant, unplanned. My partner at the time wasn't ready to be a father and asked me to terminate, I booked a one way ticket home as I have no family there. Stupidly did not look into the requirements to get a rrv just assumed it would be granted as a PR. My plan was never to stay here, I just needed the support from my family. Since then my son's father has been in touch and desperately wants to be in his life, we have got him citizenship by decent and I got his Aus passport in December. 

I can see you had a very compelling reason for returning to the UK but that's not enough. You need a compelling reason why you didn't return for all that time.

It sounds like your reason was that you were a single mum and you couldn't manage on your own, you needed your family's support (I assume that means things like baby-sitting, psychological support, financial support).  Did you submit evidence of how they supported you, and how you would have struggled to cope without that in Australia?

You may well be able to demonstrate how valuable that support has been, but if you haven't put that in your application then you haven't demonstrated compelling reasons. 

The other snag is, if you can manage to prove you couIdn't possibly move to Australia because you needed your family then I  suspect the next question they would ask is, "if it's been so impossible for you to return, then what's changed that will allow you to survive in Australia now?"  Is the father offering to provide support now?  

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That's the bit I'm struggling with, I don't know how to evidence it. I did state that as I had not been in my job for a year that I would have only been entitled to 6 weeks maternity and with no support from the father it wouldn't have been manageable. I have also given them the details of my son's father if they wanted to verify that he is supporting us and the details of friends who I'm moving in with until were on our feet. 

They have not asked for anything, there has been no communication at All, I don't understand, after 4.5 months is have thought I'd have been asked for something by now. 

I've applied for jobs but I've not been successful so far as I can't give them a date I could start.

I'm currently living at my parents, sleeping on the sofa (younger siblings at home) my landlord sold the house we was living in last month, pointless starting a tenancy until I know the outcome but this is why I'm so desperate to know, it's far from ideal and my son's routine has gone to pot

Thank you I really appreciate your advice

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7 minutes ago, Welshsaznlevi said:

That's the bit I'm struggling with, I don't know how to evidence it. I did state that as I had not been in my job for a year that I would have only been entitled to 6 weeks maternity and with no support from the father it wouldn't have been manageable. I have also given them the details of my son's father if they wanted to verify that he is supporting us and the details of friends who I'm moving in with until were on our feet. 

The point I'm trying to make is that there's three different things here. 

There's a compelling reason why you had to leave - they don't care about that.

There's the reason you'd like to return - they care about that a bit.

There's the compelling reason why, once you were able to go back to work, you couldn't have got on a plane and returned to Australia.  That's the important bit which you really needed to explain.  Why couldn't you have moved back and stayed with friends, say, 3 years ago?   Was the father not providing any support then?  I have no idea whether they'll come back and ask you those questions or whether they'll just reject the application because that information isn't there.  I hope for your sake it's not the latter.

 

 

Edited by Marisawright
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You say the father now wants to be involved and supports you and now after over six years you're taking  your child out there to stay with friends until you're on your feet.  If he's taken this long to decide to be involved he surely needs to be properly supporting you.  Why not wait until he has a family home sorted out for you all and you can evidence together that you are living as a family. You say your child is now out of his routine,  do you think moving him away from what he knows and in with friends for a while and returning to work quickly will help his routine?  Can I ask when was the last time the father saw his child and what is he doing to support you both, these are surely the questions immigration will want answers to. 

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Sorry  I wasn't very clear, I have no intentions of getting back together with the father, he will be supporting me to raise our child. The friends house we are moving to is enormous and we will have our own living space, bedroom each and living area and bathroom. So I would be able to get him back in to our normal routine easily.

At the moment my son is on a z bed in my parents room and I'm sleeping in the sofa, in a very cramped house.

My son has only ever skyped his father, he has only recently decided to step up. I have always planned to return when the time was right, like previously stated, I did not know the requirements to get a RRV, I assumed it was just a case of applying. Huge error on my behalf I know!

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1 hour ago, Welshsaznlevi said:

Thank you. I'll look over my application again and see what I can add. There's got to be something more they're looking for. Thanks for your time, have a lovely day x

That's what I'm trying to explain.  On a brief perusal of your application, it's obvious you've left it far too late, so you don't satisfy the normal rules at all.  The only way you're going to get in is if they  "use their discretion", which they are allowed to do.  That's what you're banking on so you've got to be sure you do everything to persuade the immigration officer who's reading your submission.

 Your application is missing the most important bit, IMO, which is to explain the "compelling reasons" that prevented you returning earlier. After all there are lots of single mums raising kids on their own in Australia, and presumably this friend is someone you've known for a while, so you could have moved in there years ago?  And couldn't you have demanded child support from the father then - I'd think in Australia that he'd be legally obliged?

I'm not saying you don't have good reasons for not moving, I'm sure you do.  I'm just thinking of how it will look to the immigration person.   I fear it's going to sound as though, once the relationship went wrong, you  went home, and didn't give Australia another thought for years.  So it's not that you had "compelling reasons for being unable to return" (which the rules say you must have), it's that you weren't interested, so you didn't even try.

I'd say you need to find some way to dispel any possibility that they could interpret it that way.  Make it really clear that you've been wanting to return all this time, and explain the efforts you made and the  barriers that prevented you doing so. 

Edited by Marisawright
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1 hour ago, Welshsaznlevi said:

Sorry  I wasn't very clear, I have no intentions of getting back together with the father, he will be supporting me to raise our child. The friends house we are moving to is enormous and we will have our own living space, bedroom each and living area and bathroom. So I would be able to get him back in to our normal routine easily.

At the moment my son is on a z bed in my parents room and I'm sleeping in the sofa, in a very cramped house.

My son has only ever skyped his father, he has only recently decided to step up. I have always planned to return when the time was right, like previously stated, I did not know the requirements to get a RRV, I assumed it was just a case of applying. Huge error on my behalf I know!

If you do manage to come back then please be very aware that you will need the permission of the Father should you ever wish to return to the UK with your son. You may well find yourself well and truly stuck here if you change your mind.

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Great point made about the fact you will be stuck in Oz if things dont work out for you and the father doesn't agree to your son leaving the country.  Be sure you're going back because you want to and it's the best thing for you. Don't do it because the father has just decided to step up. A man who's never even seen his six year old child is not a reason to move back. Can you financially support yourself when you return? Are you confident this will give your child a better life?  You may struggle to prove ties to Oz. The only tie is your child's father lives there but you're not in a relationship with him and have no plans to be, he's never made an effort to see the child and has just recently decided to be involved. This in my mind is not a strong tie. 

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4 minutes ago, Welshsaznlevi said:

I've had an email!!!! All they want is police clearance Checks, no problems there ???

I am aware of the Aus law and have something in place which I don not wish to post publicly, I'm not a risk taker but I also plan on staying in Aus for good ???

It's the Hague convention and whatever you have in place, be it a written undertaking or other, will make little or no difference if it comes into play.

Good luck on your journey and hopefully you will wish to remain in Australia the second time as you may have no choice.

Edited by Sammy1
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