Kim Bird Posted April 24, 2018 Share Posted April 24, 2018 Hi there, can any one please help/advice. We were granted a permanent visa back in 2008. We moved to Brisbane in June 2009 and left due to a very unexpected death in the family in June 2010. Our visa expired in 2013. It has taken us this long to sort things out and have enough money in which to move back to Australia which we are desperate to do. We were not aware of the visa changes until we started to look into it again recently. Is there any hope of us getting a visa now? The main visa applicant is my husband he is 46years old and is a chartered surveyor. Having had a quick look we only seem to have 45 points due to not being under 45. Can anyone help? Many thanks, kim Quote Link to comment Share on other sites More sharing options...
LKC Posted April 24, 2018 Share Posted April 24, 2018 As far as I understand it, only the travel part of the visa has expired and a PR visa doesn't expire in itself. I think you would have to apply for a Residents Return Visa (RRV). I think you will need to provide evidence/supporting documentation as to why you've been out of the country for so long, since it has been a few years. Here is some information about it https://www.homeaffairs.gov.au/trav/visa-1/155-. Hopefully someone who knows a bit more/has been through the process will be along soon. 1 Quote Link to comment Share on other sites More sharing options...
LKC Posted April 24, 2018 Share Posted April 24, 2018 Just another quick thought, you might want to have a chat with a migration agent to clarify the situation and to do the application, since you might have difficulty in making your case, having been out of Australia for so long. There are a few very reputable agents who post here on the forum, so I would start with those. 1 Quote Link to comment Share on other sites More sharing options...
Kim Bird Posted April 24, 2018 Author Share Posted April 24, 2018 Thank you for your reply. Where will I find the reputable agents details that you mentioned please ? Quote Link to comment Share on other sites More sharing options...
paulhand Posted April 26, 2018 Share Posted April 26, 2018 (edited) On 25/04/2018 at 01:52, Kim Bird said: Hi there, can any one please help/advice. We were granted a permanent visa back in 2008. We moved to Brisbane in June 2009 and left due to a very unexpected death in the family in June 2010. Our visa expired in 2013. It has taken us this long to sort things out and have enough money in which to move back to Australia which we are desperate to do. We were not aware of the visa changes until we started to look into it again recently. Is there any hope of us getting a visa now? The main visa applicant is my husband he is 46years old and is a chartered surveyor. Having had a quick look we only seem to have 45 points due to not being under 45. Can anyone help? Many thanks, kim As mentioned by LKC, you can make an application for an RRV. Assuming you have been away from Australia continuously for more than five years (i.e. you haven't returned at all since June 2010) you will need to demonstrate that you still have "substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia" and also that there were "compelling reasons" for your absence. I have seen RRV applications with this type of time line granted, but it will depend on your specific ties and circumstances. A well crafted application may get you over the line, which would be much much simpler than trying to start from scratch, given ages etc. Hope that helps Paul Hand MARN 1801974 Edited April 26, 2018 by paulhand Quote Link to comment Share on other sites More sharing options...
Kim Bird Posted April 26, 2018 Author Share Posted April 26, 2018 Thank you for your reply Paul but it sounds like there's no hope for us. Quote Link to comment Share on other sites More sharing options...
paulhand Posted April 26, 2018 Share Posted April 26, 2018 5 minutes ago, Kim Bird said: Thank you for your reply Paul but it sounds like there's no hope for us. A decent RMA should be able to provide you a more accurate assessment of the likelihood of success based on your individual circumstances. If they think it reasonable they can help you craft the application, which costs $365, and you would likely get a decision within 6-7 weeks. It really depends on what ties you have maintained and the compelling reasons for your absence. If you are very keen to return, it would be worth exploring this option before others. 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted April 26, 2018 Share Posted April 26, 2018 3 minutes ago, paulhand said: A decent RMA should be able to provide you a more accurate assessment of the likelihood of success based on your individual circumstances. If they think it reasonable they can help you craft the application, which costs $365, and you would likely get a decision within 6-7 weeks. It really depends on what ties you have maintained and the compelling reasons for your absence. If you are very keen to return, it would be worth exploring this option before others. I suppose the question is, what constitutes "ties"? If they have no relatives in Australia and didn't keep their home, what possible other "ties" could be used? Quote Link to comment Share on other sites More sharing options...
paulhand Posted April 26, 2018 Share Posted April 26, 2018 14 minutes ago, Marisawright said: I suppose the question is, what constitutes "ties"? If they have no relatives in Australia and didn't keep their home, what possible other "ties" could be used? This is what Home Affairs say: https://www.homeaffairs.gov.au/trav/visa-1/155-?modal=/visas/supporting/Pages/155/have-ties-of-benefit-to-Australia.aspx Quote Link to comment Share on other sites More sharing options...
Kim Bird Posted April 26, 2018 Author Share Posted April 26, 2018 Thank you for replying. Can anyonerecommend a good RMA please ? Thanks, Kim Quote Link to comment Share on other sites More sharing options...
Kim Bird Posted April 26, 2018 Author Share Posted April 26, 2018 Paul Hand, Are you a RMA? Thanks Kim. Quote Link to comment Share on other sites More sharing options...
paulhand Posted April 26, 2018 Share Posted April 26, 2018 4 hours ago, Kim Bird said: Paul Hand, Are you a RMA? Thanks Kim. Yes I am. I will PM you my details. Quote Link to comment Share on other sites More sharing options...
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