Resident Return Visa help

[Bugbrock]

Hi guys

need some advice I have a 190 visa which runs out in June I am in the uk & have not got the 2 years stay in Australia for the 5 years RRV visa. I've read you can get a 12 month RRV Can I still apply for for this if so how ? Also my son who was granted a visa on my original 190 visa  he has turned 18 can he get a RRV as well? much appreciate any help 

Thank you 

[Marisawright]

You are definitely not guaranteed a 12 month RRV, it's entirely up to the discretion of the immigration official, so don't bank on it.

You had 5 years to move to Australia, and Immigration takes the view that that was plenty of time.  To get an RRV, you have to convince them you deserve an extension of time.  That means showing you had compelling reasons that prevented you making the move.

The most common reason might be something like having to stay in the UK to look after a sick family member.  Staying in the UK so your child could complete their schooling, or because of a job, wouldn't be considered a good enough reason, (because there are schools and jobs in Australia too!).

If you don't have compelling reasons that prevented you moving, then you need to demonstrate strong ties with Australia, e.g. most of your family already lives there, or you own a home in Australia.

Edited April 23, 2018 by Marisawright

[ali]

As Marisa says there is no guarantee of receiving the RRV but if you do intend to come back to Aus then you'll have no option but to apply for one and hope for the best.  You need to give any compelling and compassionate reasons for your  absence and each visa holder must apply for the RRV

 

 

[Guest]

Agree with the others.

If you do apply for a RRV that you are actually in a position to make the move and use it (it could be its a one year RRV for example). 

I've no clue about your son. I'd check with a decent agent as to what is what if you are unsure or want proper clarification. 

 

[Bugbrock]

Thank you all for your replying 

not sounding to promising will speak to a agent

regards

[Jon the Hat]

If you have "five years to move" under your Visa, does that mean if you move in the last 2 years you then cannot get a RRV to leave Australia?

[gameover98]

30 minutes ago, Jon the Hat said:

If you have "five years to move" under your Visa, does that mean if you move in the last 2 years you then cannot get a RRV to leave Australia?

Technically you can move to Australia on the last day of your 5th year, establish yourself (job, house, school etc) and use that as evidence of your intention to stay permanently to receive your RRV. This would fall under substantial personal/business ties to Australia if you need the RRV before you fulfil your 2-year residence requirement.

 

[Marisawright]

12 hours ago, Jon the Hat said:

If you have "five years to move" under your Visa, does that mean if you move in the last 2 years you then cannot get a RRV to leave Australia?

There are two ways you can get a RRV if you don't meet the 2 years residency.   One is that you must show compelling reasons.  The other is that you have strong ties to Australia.   

If you move within the last two years then you would rely on the "strong ties" option.   You would just have to demonstrate that you've settled and committed to a life in Australia, e.g. you've bought a house or have a lease on a flat, you've got a permanent job, bank account, etc.  

[paulhand]

23 hours ago, Marisawright said:

There are two ways you can get a RRV if you don't meet the 2 years residency.   One is that you must show compelling reasons.  The other is that you have strong ties to Australia.   

If you move within the last two years then you would rely on the "strong ties" option.   You would just have to demonstrate that you've settled and committed to a life in Australia, e.g. you've bought a house or have a lease on a flat, you've got a permanent job, bank account, etc.  

This is not strictly true. There is one way to get an RRV if you don't meet the 2 year residency and that is to demonstrate "substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia." The 'compelling reasons' for absence become additionally relevant when there is a period of 5 years absence immediately prior to making the application.

To answer the OP's question: yes you can apply, and you would need to demonstrate the substantial ties of benefit to Australia. Your son's eligibility would depend on whether he remains dependant on you. It only makes sense to apply if you actually intend to use the RRV in the year after it is granted; there won't be much mileage in trying to kick the can down the road on a rolling basis.

 

Paul Hand

MARN 1801974

[Marisawright]

3 hours ago, paulhand said:

This is not strictly true. There is one way to get an RRV if you don't meet the 2 year residency and that is to demonstrate "substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia."

In my first reply, I did say "If you don't have compelling reasons that prevented you moving, then you need to demonstrate strong ties with Australia"

[paulhand]

3 minutes ago, Marisawright said:

In my first reply, I did say "If you don't have compelling reasons that prevented you moving, then you need to demonstrate strong ties with Australia"

It's the other way around - you must have the substantial ties whatever the reasons for not meeting the 2 year residency. There is no requirement to demonstrate 'compelling reasons' unless you have been absent for 5 years before the application is made.

 

Paul Hand

MARN 1801974

[Marisawright]

5 minutes ago, paulhand said:

It's the other way around - you must have the substantial ties whatever the reasons for not meeting the 2 year residency. There is no requirement to demonstrate 'compelling reasons' unless you have been absent for 5 years before the application is made.

 

Paul Hand

MARN 1801974

So what you're saying is, you MUST have substantial ties, or there's no chance, no matter how compelling your reasons for absence were?

[paulhand]

Just now, Marisawright said:

So what you're saying is, you MUST have substantial ties, or there's no chance, no matter how compelling your reasons for absence were?

Correct - what the relevant part of the law says is:

"the Minister is satisfied that the applicant has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia, and the applicant: 

(a)  has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence"

[Marisawright]

5 minutes ago, paulhand said:

Correct - what the relevant part of the law says is:

"the Minister is satisfied that the applicant has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia, and the applicant: 

(a)  has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence"

OK, I've learned something.  Recently we've had several people posting to say they came to Australia, then had to go home again because of aged parents or whatever, and have now decided they'd like to return.  I've seen other members tell them to apply giving their "compelling reasons" and they may get a 12 month RRV.    However from what you say, they have no chance whatsoever, unless they maintained their home in Australia, or have family here.  

[paulhand]

2 minutes ago, Marisawright said:

OK, I've learned something.  Recently we've had several people posting to say they came to Australia, then had to go home again because of aged parents or whatever, and have now decided they'd like to return.  I've seen other members tell them to apply giving their "compelling reasons" and they may get a 12 month RRV.    However from what you say, they have no chance whatsoever, unless they maintained their home in Australia, or have family here.  

"Significant ties" has a much wider and more flexible interpretation than that, and there is detailed Departmental policy around what can be considered. Clearly house and family are very significant ties, but many other factors are also relevant. Each person will have their own unique set of circumstances.

What I am saying is that, provided someone has established, and maintained, ties with Australia, then a well crafted RRV application is worth considering given all the other options to regain PR are significantly more complex and expensive. There are many good news stories on these forums around this, but it's important to understand what needs to be demonstrated in the application. The "compelling reasons" frequently mentioned aren't a factor in law or policy unless the absence is longer than 5 years.

[Bugbrock]

Update

If anyone is still following this old thread I did get a RRV for 12 months.

wrote a long statement explaining my circumstances.

regards

[Possible?]

Congratulations 🥳 & thanks for posting this info! 
I wonder if this could apply to us - we had plans to return to au before May 2021 when our 5 year PR (189) expires - we have no strong ties w au at present - and would not be in a position to move permanently until 2022 - plans partly delayed due to corona but also other issues - wonder if rrv can be applied to extend the time before returning until after expiry of pr may 21 for a year or so? partly due to the pandemic?

grateful for any input? 

 

 

[paulhand]

If you can’t make your visa expiry date, you will need to apply for an RRV. Eligibility is based on demonstrating your substantial ties of benefit to Australia. Reasons for absence are not relevant at this point. 

[Marisawright]

1 hour ago, Possible? said:

I wonder if this could apply to us - we had plans to return to au before May 2021 when our 5 year PR (189) expires - we have no strong ties w au at present - and would not be in a position to move permanently until 2022 - plans partly delayed due to corona but also other issues - wonder if rrv can be applied to extend the time before returning until after expiry of pr may 21 for a year or so? partly due to the pandemic?

People are being allowed to miss their first (activation) entry date due to coronavirus.  However, the department have said repeatedly that they can't extend final entry dates because they are set in stone by the legislation.

So your only option will be a RRV - and if you have no strong ties, you'll be on shaky ground to get one.  

[Bugbrock]

Hi possibly 

your in the same position I was in my visa had expired by 2 years. I had no strong ties to Australia. All the migration agents I spoke to told me my chances were slim. So I applied wrote a detailed statement explaining my circumstances why I hadn’t be able to come when I had my visa and how I would still be a benefit to Australia.after 2 months I got the 12 month RRV. So it is possible!!!!

[Marisawright]

35 minutes ago, Bugbrock said:

your in the same position I was in my visa had expired by 2 years. I had no strong ties to Australia. All the migration agents I spoke to told me my chances were slim. So I applied wrote a detailed statement explaining my circumstances why I hadn’t be able to come when I had my visa and how I would still be a benefit to Australia.after 2 months I got the 12 month RRV. So it is possible!!!!

It's definitely possible.  I've been surprised how many people get approved on seemingly thin grounds, considering how strict the government makes it sound.  So I'd say, if you're stuck overseas and want to return, it's always worth a try.

However, that's a very different thing from saying, "Our visa expires in May 2021 but we don't want to move till 2022, so we'll just let it lapse and try for a RRV in two years' time".   To my mind, that sounds like an awfully big risk.

[paulhand]

1 hour ago, Marisawright said:

It's definitely possible.  I've been surprised how many people get approved on seemingly thin grounds, considering how strict the government makes it sound.  So I'd say, if you're stuck overseas and want to return, it's always worth a try.

However, that's a very different thing from saying, "Our visa expires in May 2021 but we don't want to move till 2022, so we'll just let it lapse and try for a RRV in two years' time".   To my mind, that sounds like an awfully big risk.

I agree on both points. It Is generally always worth taking a look at an RRV as a former permanent resident and it is often possible to build a good case. If you have never made the move then clearly it’s harder to prove your ties, and who knows what the landscape will be in 2022?

Edited August 9, 2020 by paulhand