Obtaining RRV for non-resident partner after travel condition has expired

[Wanderer Returns]

Dear PIO Members,

My wife and I returned to the UK in 2014 to take care of my elderly mum, who sadly passed away in January. Prior to returning I’d been in Australia for 11 years and obtained my Australian citizenship in that time, whilst my wife (who is a non-EU citizen) had been there for 3 years and got her permanent residency (subclass 100). We've made the best of being back in the UK during this time but neither of us feel as settled as we did in Australia, and we would like to return there within the next couple of years.

Technically there's nothing to stop us returning immediately except that my wife has now spent 4 years on the 5-year route to becoming a British Citizen. Next year she will be eligible for permanent residency or 'Indefinite Leave to Remain' over here. After she obtains ILR she will be eligible to apply for citizenship straight away because she will have already met the 5-year residency requirement. Unfortunately, by the time she becomes a British Citizen the travel condition on her subclass 100 visa will have expired, and we will need to apply for a RRV to return to Australia. Clearly my wife will not automatically meet the residency requirement for a subclass 155. Yes, we could ditch the route to British Citizenship and come back earlier, but we are now so close and it will be a lot easier for her to travel in the future as she needs a visa pretty much every time we want to go abroad, at the moment.

From the previous experience of forum members, what will be her chances of her obtaining an RRV so that we can return to Australia without any issues? I can see that they have really tightened things up in the last few years, and it's becoming a lot more difficult (and expensive!) to obtain Australian residency. Naturally I'm worried my wife might not be able to obtain an RRV, and we will have to restart the process again from scratch when we want to return to Oz! 

Apologies if I should have posted this in the 'Visa Chat' section – I wasn't quite sure. Many thanks in advance for helpful replies,

Martin.

[Guest The Pom Queen]

Firstly, I’m sorry to hear about your mum.

I don’t know where your wife is from, it may be helpful so the experts can guide you more accurately. I will say though that my brother is married to a Filipino and was recently refused a visa for her to go to the UK on holiday to see my mum. It seems it’s easier for them to come to Australia than the UK despite my brother being a UK citizen currently working in Dubai.

Have a chat with @Richard Gregan I know of people who have had a RRV granted, one member was because he hadn’t sold his house and didn’t have the funds. I think he had to prove he had ties in Australia ie job offer, etc but that was quite a number of years back now. 

‘I recommend @Richard Gregan As he may be able to help on the UK side as well and advise you the best way forward. 

[Wanderer Returns]

Dear Pom Queen, thank you for your reply and the contacts.

Yes, the process to become a permanent resident in the UK seems a lot more difficult, more expensive and longer than it was in Australia. We wouldn't have even thought about coming here if it hadn't been for my mum. I think we've spent £3500-£4000 on the process so far, and we will have spent at least another £4200 by the time my wife becomes a British citizen. I've been handling all the paperwork myself, so there are no migration agents fees included in those figures. It's very frustrating when those from EU countries who have no connection with the UK can live and work here without restriction. Clearly that is likely to change in the future, but Brexit doesn't really benefit us either... Okay, rant over! 

On a more positive note, it would be great to hear from anyone who has returned on an RRV after the travel condition of their visa expired.