Aussiebird Posted December 16, 2017 Share Posted December 16, 2017 Hello to you all, I wonder if anyone can advise please? Me and my husband moved to Australia in October 2012 and left in May 2014 back to the UK for personal reasons. My husband had a partner visa subclass 309 but it has now expired. I am an Australian citizen and got a job when we moved to Australia with no problems and he also got a job too. We are talking about now returning to Australia for good but I have seen on line that the partner visa 309 has gone up massively in price. Would he be entitled to a resident return visa 155. It's so much cheaper and would save a lot of hassle going through the subclass 309 again. Any help would be greatly appreciated, thank you kindly. Xxx Quote Link to comment Share on other sites More sharing options...
Guest Posted December 16, 2017 Share Posted December 16, 2017 I have no idea but if he did apply and they granted one, it probably wouldn’t have very long on it so make sure you plan accordingly so you make the move. Why not give it a go and apply? If it’s declined then partner visa route is the next step. Quote Link to comment Share on other sites More sharing options...
Aussiebird Posted December 16, 2017 Author Share Posted December 16, 2017 Thank you snifter, I actually don't know how long a resident return visa is for, I never thought of that, I'll look into it. X Quote Link to comment Share on other sites More sharing options...
Toots Posted December 16, 2017 Share Posted December 16, 2017 11 minutes ago, Aussiebird said: Thank you snifter, I actually don't know how long a resident return visa is for, I never thought of that, I'll look into it. X I think it's valid for 5 years. Quote Link to comment Share on other sites More sharing options...
Aussiebird Posted December 16, 2017 Author Share Posted December 16, 2017 Thank you toots. Does that mean after the 5 years he can apply to become a citizen? Thank you. X Quote Link to comment Share on other sites More sharing options...
Toots Posted December 16, 2017 Share Posted December 16, 2017 13 minutes ago, Aussiebird said: Thank you toots. Does that mean after the 5 years he can apply to become a citizen? Thank you. X An expert will come along I'm sure to help you. I'm very much out of touch with visas etc etc. To become an Australian citizen: You have lived lawfully in Australia for at least 4 years. The rules seem to change from time to time so don't know if this is still the case. Quote Link to comment Share on other sites More sharing options...
Aussiebird Posted December 16, 2017 Author Share Posted December 16, 2017 Many thanks. X Quote Link to comment Share on other sites More sharing options...
Peach Posted December 16, 2017 Share Posted December 16, 2017 What happened with the second stage of the partner visa? When you moved back to the UK did you update DIBP? Quote Link to comment Share on other sites More sharing options...
Aussiebird Posted December 16, 2017 Author Share Posted December 16, 2017 Hi peach, I have no idea? What is DIBP? Quote Link to comment Share on other sites More sharing options...
Toots Posted December 16, 2017 Share Posted December 16, 2017 19 minutes ago, Aussiebird said: Hi peach, I have no idea? What is DIBP? Department Of Immigration And Border Protection Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted December 17, 2017 Share Posted December 17, 2017 It may be a good idea to speak with a migration agent. AFAIK, to get a RRV your husband would either have needed to live 2 of the past 5 years in Australia on a PR visa or have strong ties to Australia. Your Australian citizenship may be sufficient for the strong ties, but if your husband wasn't granted the 100 PR visa, then he may not be eligible for a RRV. A migration agent is the best person to get guidance from regarding your particular situation. 1 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted December 17, 2017 Share Posted December 17, 2017 2 hours ago, MaggieMay24 said: It may be a good idea to speak with a migration agent. AFAIK, to get a RRV your husband would either have needed to live 2 of the past 5 years in Australia on a PR visa or have strong ties to Australia. Your Australian citizenship may be sufficient for the strong ties, but if your husband wasn't granted the 100 PR visa, then he may not be eligible for a RRV. A migration agent is the best person to get guidance from regarding your particular situation. Yep, he can't get a RRV unless he is a permanent resident. If he only had a 309 thats just provisional. He can only get a RRV if he was granted the PR, subclass 100. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted December 17, 2017 Share Posted December 17, 2017 If his 309 is still active, it's also possible he could submit evidence of his relationship since he submitted his 309 application to request his 100 visa. I've heard of people realising well beyond the 2-year mark that they were still on their provisional visa, but not sure what the outcome was. Speaking with a migration agent may clear up what would be his best strategy. Quote Link to comment Share on other sites More sharing options...
ssiri Posted December 18, 2017 Share Posted December 18, 2017 Yep, he can't get a RRV unless he is a permanent resident. If he only had a 309 thats just provisional. He can only get a RRV if he was granted the PR, subclass 100. That is my understanding also, based on the DIBP website. An agent would be able to advise further, always best. Quote Link to comment Share on other sites More sharing options...
ssiri Posted December 18, 2017 Share Posted December 18, 2017 Also check out your current status and entitlement on VEVO whilst speaking to an agrnt Quote Link to comment Share on other sites More sharing options...
Beffers Posted December 20, 2017 Share Posted December 20, 2017 On 17/12/2017 at 08:53, Aussiebird said: Hello to you all, I wonder if anyone can advise please? Me and my husband moved to Australia in October 2012 and left in May 2014 back to the UK for personal reasons. My husband had a partner visa subclass 309 but it has now expired. I am an Australian citizen and got a job when we moved to Australia with no problems and he also got a job too. We are talking about now returning to Australia for good but I have seen on line that the partner visa 309 has gone up massively in price. Would he be entitled to a resident return visa 155. It's so much cheaper and would save a lot of hassle going through the subclass 309 again. Any help would be greatly appreciated, thank you kindly. Xxx I don't know that you can use RRV if the 309 has expired and the 100 wasn't granted but check with a good agent to make sure. Did you inform Department that you left in 2014? Quote Link to comment Share on other sites More sharing options...
Aussiebird Posted December 22, 2017 Author Share Posted December 22, 2017 Thank you ssiri and beffers for your replies. Actually, I think the visa my husband had was a subclass 100, so I'm going to check when we arrive home, we are currently in Australia visiting family . Hopefully I can be in contact with a migration agent too. Quote Link to comment Share on other sites More sharing options...
Guest Posted December 23, 2017 Share Posted December 23, 2017 If he is currently in Australia, what visa did he use to enter the country on? Quote Link to comment Share on other sites More sharing options...
Aussiebird Posted December 23, 2017 Author Share Posted December 23, 2017 He has got a visitors visa attached to his UK passport. Quote Link to comment Share on other sites More sharing options...
Peach Posted December 23, 2017 Share Posted December 23, 2017 30 minutes ago, Aussiebird said: He has got a visitors visa attached to his UK passport. I'm sure I've read before that only one visa can be held and that a visitor visa application could overwrite his permanent status.. 1 Quote Link to comment Share on other sites More sharing options...
Guest Posted December 23, 2017 Share Posted December 23, 2017 I'd consult a reputable migration agent tbh. If he applied and was granted a tourist visa this could have implications to a held partner visa or a RRV application. I don't know the ins and outs. You really need to work out what visa he actually holds and where to go from here. Quote Link to comment Share on other sites More sharing options...
Aussiebird Posted December 23, 2017 Author Share Posted December 23, 2017 His subclass 100 expired this year and as we are now residing in the UK for now any entry into Australia until we move here again has to be a visitors visa as I don't think he still has permanent residency now. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted December 23, 2017 Share Posted December 23, 2017 13 hours ago, Aussiebird said: His subclass 100 expired this year and as we are now residing in the UK for now any entry into Australia until we move here again has to be a visitors visa as I don't think he still has permanent residency now. If he holds a 100 then thats PR and he should have applied for a RRV not a tourist visa. If he's very lucky and applies for a RRv now they might grant it, but as he can only hold one visa at a time often getting a tourist visa people find they have cancelled out the PR(100). If thats the case he will have to start from scratch and apply for a Spouse Visa all over again Quote Link to comment Share on other sites More sharing options...
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