Resident Return Visa

[Tom Brody]

Applying for a Resident Return Visa (RRV) appears to me to have become a tad more difficult, or maybe it's my imagination. The time schedule for the RRV has just changed to 5 - 10 days, from 5 - 8 days. Not a big difference there so no worries.  However the part that I find a worry is "Applications that do not meet the residence requirement will take longer to finalise than the published processing times advertised above. Processing timeframes for these applications can be up to 12 weeks."  

I applied for a RRV 6 weeks ago. I was in Australia and advised to just apply online via my IMMI account.  I did this, and I had immediate acknowledgement and receipt of payment for $365. I don't qualify for a 155, but have mitigating circumstances which I think are applicable and permit me to apply for a 157 (3 month entry) I won't bore people with the details of the mitigating circumstances, safe to say these prevented me from returning to Australia as planned last year.  I certainly fall into this category of not having been in Australia for enough days. I really do!!   My days had been non existent since 2015 when I had to return home to UK.  I went back to Australia in May as my current RRV at the time was due to expire and fearing the worse or being guilty of not activating a RRV granted to me, I made the trip down under and wanted to speak to an Immigration official to try to explain the situation.  I was worried about the situation I was in.  But I was told "not necesary just apply online through your IMMI account"   I am now free of all matters which prevented me from returning, but I fear it is a year too late. 

In all fairness the Australian Immigration people have been extremely accommodating, sympathetic and kind with my previous RRV applcations. However I feel maybe their patience has been exhausted now by my own failure to return and settle as planned.  It may just be a case of tough luck, bad luck and hard luck, but maybe my visa for Australia is shot. I take full responsibility for this and it is through no fault of the Australian immigration or anyone else. It's not really my fault, it is just the way fate has dealt my cards, which sometimes we have no choice but to accept. 

I was just wondering if anyone else has had a similar experience and had to wait 12 weeks to see if they are granted a RRV or not?  I am doubtful now that my visa will be granted, and I may have to just accept that fate has worked against me, and it is not to be.  The next few weeks waiting for an E-mail and checking my IMMI account will be quite tense.

For the record when I flew out of Australia back to London, as is the normal practice, a Border Official at the airport kindly spoke with me in private and pointed out that my RRV was about to expire and handed me a leaflet. I explained that I had already applied for a RRV and showed her my acknowledgement and receipt. The lady was really helpful.  She then told me that I could actually return without a RRV but that I would need to go to the departure airport very early and the airline then have to telephone Canberra for a Code to permit me entry.  I was surpried by this as I had never heard of this before.  I thanked her for this advice but explained to her that I would never do that, as I don't think that's a very good thing to do.   Knowing the way the airline staff are in Heathrow, I wolldn't trust them to assist me, and I would be too worried about causing a problem, breaking the rules and the law and ending up with a ban..  

It is however a contradiction in terms of practice,  a genuine RRV application taking 12 weeks to process, yet a way in to the Country through a telephone call and a code from Canberra ?   That's not for me as I have never abused the Visa system, or my status as a Permanent Resident and with my luck, I would probably get thrown into jail and never heard of again.  

Regards, best wishes and good luck to all. 

[VERYSTORMY]

All visa times have blown out a lot. For example, working holiday visas were normally granted within hours of applying. Now they are taking months. Parent visas were taking about 18 months, now about 5 years

[paulhand]

Your post raises a number of points.

To answer your specific question, RRV applications which don't meet the residence requirements are indeed taking 3 months to process, whether they are granted or not. The timeframe is not a guide as to whether the visa will be granted or not. As @verystormy says, processing times have ballooned. This type of RRV used to take a couple of days.

More generally, this is an example of why so many posts from RMAs and experienced forum members advise not taking advice from Departmental officials. If you have uncertainties, consult an RMA who knows the law around your issue. In your case you could/should have applied for a bridging visa that would have allowed you to return to Australia, or better yet, if you were planning to make the move within three months, as you suggest with your 157 comments, stayed until the visa was decided.

I'm not sure how or why you have concluded you do not qualify for a 155 visa, but the 157 is not a consolation prize for not meeting the 155 grant criteria. It has a high bar in its test of your reasons for leaving Australia when you did.

 

 

 

 

[Raul Senise]

Be mindful that 12 weeks processing is just a ball park figure and applications are regularly taking longer than this.

[Proview220]

Have you been granted yet?

[Tom Brody]

On 12/07/2018 at 11:39, Proview220 said:

Have you been granted yet?

Hi Proview 220, many thanks for your interest.  Much appreciated. 

Sadly still awaiting a response,  I have heard nothing at all, not a single response other than the receipt of payment and confirmation the application was received. I am not the type who complains and I guess in the end "What will be will be".  So I move towards week 9 now of waiting. 

What I will say which is just my humble opinion of course as I wouldn't want to risk the wrath of the Legend's God's and Experts who wander through this wonderful website, is it is a pretty shocking service by the Australian Immigration to take 12 weeks plus to process a RRV.   OK, fair dinkum the processing time increases by a few days, or even a week, lets say even 2 weeks. But to now place it on a 12 week turnaround from what was a 3 - 5 day process is dare I say a bit unfair, especially when the $365 gets taken upfront.  Gosh, even Ned Kelly wore a mask.   But no doubt there is some vital point that I have failed to realise which justifies such a process, which somebody will of course nail me on.    No worries.    

Best wishes, Stay Cool. 

[paulhand]

I think it's unlikely that anyone here would disagree with you ...

 

 

[Loxxy]

On 13/07/2018 at 15:58, Tom Brody said:

Hi Proview 220, many thanks for your interest.  Much appreciated. 

Sadly still awaiting a response,  I have heard nothing at all, not a single response other than the receipt of payment and confirmation the application was received. I am not the type who complains and I guess in the end "What will be will be".  So I move towards week 9 now of waiting. 

What I will say which is just my humble opinion of course as I wouldn't want to risk the wrath of the Legend's God's and Experts who wander through this wonderful website, is it is a pretty shocking service by the Australian Immigration to take 12 weeks plus to process a RRV.   OK, fair dinkum the processing time increases by a few days, or even a week, lets say even 2 weeks. But to now place it on a 12 week turnaround from what was a 3 - 5 day process is dare I say a bit unfair, especially when the $365 gets taken upfront.  Gosh, even Ned Kelly wore a mask.   But no doubt there is some vital point that I have failed to realise which justifies such a process, which somebody will of course nail me on.    No worries.    

Best wishes, Stay Cool. 

Just interested to see if you secured your RRV afterall?

[Tom Brody]

17 hours ago, Loxxy said:

Just interested to see if you secured your RRV afterall?

Hi Loxxy,  thanks for the interest.

No sadly still no response. It's now 102 days which exceeds the current directive of between 5 -85 days or indeed the 12 weeks still showing on the home affairs website. I have made a couple of telephones to their office but not got anywhere. One guy refused to even look at the application, saying the 12 weeks is only a guide and not understanding the wording on their site which states "can be up to 12 weeks".      One lady there was quite helpful and took the reference number and the time to look at the application  and said all looks in order and OK but just got to wait now for it to be processed.   

I think I will leave it in place now until the New Year and probably if it hasn't been granted by then, I will just leave it and draw the curtain down on things there. Just move on. 

I am encouraged though by a guy I heard speaking yesterday called Scott Morrison, who had landed a new job and mentioned how "everyone get's a fair go in Australia".  That sounds good doesn't it.    So I will keep those words in mind while waiting. 

Thanks again and Best wishes to you and with your plans.

Tom 

[mext60]

Hi Tom,

I am in a very similar situation. I got the PR back in Sep 2013, searched jobs for years while still being outside Australia, had a few interviews but no success and finally landed in April 2018 on a position secured with the company I was working with outside Australia. Travel facility on my original visa was expiring in Sep 2018, so just to be careful I applied for RRV on 21st May 2018, my 12 weeks were completed on 10th Aug 2018. I called DHA on 13th Aug and talked to a lady who looked at my application and told me that there does not seem to be any update on the case. I told her that I will lose my job if I do not get RRV as my current job requires me to travel a lot in Asia pacific region. She gave me an email address and asked me to drop an email and said they will normally respond. Dropped emails to that address twice in the last three weeks since then but have not yet received any response. So worried now. Though my original visa is still valid for another month, but I am really worried that if RRV does not come back on time, I will have a huge problem with my job and perhaps will lose it.

[Tom Brody]

Hi Mext60

Yes it's very frustrating isn't it. But if I am reading your message correctly,  you still have a visa which will entitle you to travel and enter Australia, surely that will be fine?  Once in Australia I am sure you would find the assistance there to be able to resolve your situation.   However obviously you will know your situation clearly and what your up to date position is. Probably best to go and engage a good agent there who can assist you in a professional way if as you say it relates to your career, your livelihood and future.  I think any costs incurred would be money well spent. 

For the record, I have just come off the phone to DHA and they were aware that I have called previously and been told to E-mail.  The gent I spoke to was very polite but could only advise me to send the E-mail again and mark it as URGENT. It's 106 days for me now, which I must say I find difficult to accept or understand but there you go.  Let us all remember "A moment of patience in a moment of anger, can save you a hundred moments of regret"  We will see. 

Good luck and best wishes for your visa, I hope it comes through soon for you.  

[Marisawright]

1 hour ago, mext60 said:

Hi Tom,

I am in a very similar situation. I got the PR back in Sep 2013, searched jobs for years while still being outside Australia, had a few interviews but no success and finally landed in April 2018 on a position secured with the company I was working with outside Australia. Travel facility on my original visa was expiring in Sep 2018,

Personally, I would advise you to get on a plane as soon as possible, and certainly before your current travel facility expires. 

You have had five years to move to Australia.  As you have let the whole five years go by and never lived in Australia, you must show good reasons why you haven't done so, otherwise they will refuse your RRV.  Then you will lose your ability to enter Australia altogether. 

Not finding a job is not a good enough reason, because most migrants arrive in Australia without a job, and search for a job once they arrive. It's normal.  It was your choice not to do the same.

If you arrive in Australia before your current travel facility expires, at least you will preserve your right to live in Australia.  If you don't have your RRV then that will be a problem for travel, but at least you'll be able to live in Australia and won't have lost your ability to migrate.

Edited August 29, 2018 by Marisawright

[mext60]

Thanks Tom and Marisa for your responses. I believe I was not very clear in my earlier message, I am now based in Perth and need to travel frequently out of Australia for work reasons (as I am currently also travelling for work but will be back one week before expiry of current visa) so my worry is that if I don’t get my RRV then my upcoming work travel in mid October will be jeopardised.

[LouDYorkie]

Personally, I would advise you to get on a plane as soon as possible, and certainly before your current travel facility expires. 
You have had five years to move to Australia.  As you have let the whole five years go by and never lived in Australia, you must show good reasons why you haven't done so, otherwise they will refuse your RRV.  Then you will lose your ability to enter Australia altogether. 
Not finding a job is not a good enough reason, because most migrants arrive in Australia without a job, and search for a job once they arrive. It's normal.  It was your choice not to do the same.
If you arrive in Australia before your current travel facility expires, at least you will preserve your right to live in Australia.  If you don't have your RRV then that will be a problem for travel, but at least you'll be able to live in Australia and won't have lost your ability to migrate.

The OP moved to Australia in April 2018 unless I’m reading it wrong?

[paulhand]

12 minutes ago, Marisawright said:

You have had five years to move to Australia.  As you have let the whole five years go by and never lived in Australia, you must show good reasons why you haven't done so, otherwise they will refuse your RRV.  Then you will lose your ability to enter Australia altogether. 

This is not the case, he has been in Australia since April.

In any case, an RRV application does not need to address reasons for absence, unless that absence has effectively been for five continuous years. Otherwise to be granted an RRV, it is 'only' necessary to demonstrate that there are substantial ties to Australia which are of benefit to Australia. Having a job is a substantial tie, as is owning/leasing a property in Australia.

 

9 minutes ago, mext60 said:

Thanks Tom and Marisa for your responses. I believe I was not very clear in my earlier message, I am now based in Perth and need to travel frequently out of Australia for work reasons (as I am currently also travelling for work but will be back one week before expiry of current visa) so my worry is that if I don’t get my RRV then my upcoming work travel in mid October will be jeopardised.

I suggest that you contact the Department again on your return, if your visa has not been granted in the interim, and provide them with concrete details of your future required work travel commitments. Just make sure you are back before your visa expires in September!

[mext60]

Thanks Paul and yes that is the plan, to come back one week before visa expiry and then will talk to DHA again. In fact I also included a letter from my employer stating all my work related travel dates since my arrival in April 2018, showing that all my absences from Australia since April are work related and not personal. Have also attached payslips and PAYG summary and rental agreement for the house. What I suspect is that no one has even looked at the application as yet even after 14 weeks (at this point).

[Tom Brody]

5 hours ago, mext60 said:

Thanks Paul and yes that is the plan, to come back one week before visa expiry and then will talk to DHA again. In fact I also included a letter from my employer stating all my work related travel dates since my arrival in April 2018, showing that all my absences from Australia since April are work related and not personal. Have also attached payslips and PAYG summary and rental agreement for the house. What I suspect is that no one has even looked at the application as yet even after 14 weeks (at this point).

Well all I can say to you mate is Good Luck.  If they have not answered you or offered any assistance and you are already there in Perth, working and providing all the detail that you have listed above, my case is surely doomed.  Whilst not a qualified migration agent, (very few are on here) it appears to me that you have a very solid case for continued residence in Australia based on the details you have stated.  Infact it seems grossly unfair that they have taken this length of time to deal with your case.  

I have nothing at all to offer in terms of work etc.,  and obviously no longer have a lease.  Yes I have maintained personal ties and even have all my personal possessions in a 20ft³ container there in Perth in storage.  (that's cost me and lost me around £12,000)  But nothing else to offer. I came home due to the terminal illness of my Dad and his subsequent passing left myself and elderly Mother with a lot of problems to resolve here in UK after his death.  So I am working on the GENUINE position of having genuine mitigating circumstances as a result of a parents death.   So I am not expecting any favours, not asking for anything other than consideration.  At the end of the day what will be will be and the passing of my Dad has made me realise that there is more to life than worrying over where one can live.  I would dearly love to return to Australia, but if it is not to be, then so be it.  I guess Ireland is not so bad a place to live, inspite of the rain. 

Once again I wish you success and a speedy outcome soon.  

[mext60]

6 hours ago, Tom Brody said:

Well all I can say to you mate is Good Luck.  If they have not answered you or offered any assistance and you are already there in Perth, working and providing all the detail that you have listed above, my case is surely doomed.  Whilst not a qualified migration agent, (very few are on here) it appears to me that you have a very solid case for continued residence in Australia based on the details you have stated.  Infact it seems grossly unfair that they have taken this length of time to deal with your case.  

I have nothing at all to offer in terms of work etc.,  and obviously no longer have a lease.  Yes I have maintained personal ties and even have all my personal possessions in a 20ft³ container there in Perth in storage.  (that's cost me and lost me around £12,000)  But nothing else to offer. I came home due to the terminal illness of my Dad and his subsequent passing left myself and elderly Mother with a lot of problems to resolve here in UK after his death.  So I am working on the GENUINE position of having genuine mitigating circumstances as a result of a parents death.   So I am not expecting any favours, not asking for anything other than consideration.  At the end of the day what will be will be and the passing of my Dad has made me realise that there is more to life than worrying over where one can live.  I would dearly love to return to Australia, but if it is not to be, then so be it.  I guess Ireland is not so bad a place to live, inspite of the rain. 

Once again I wish you success and a speedy outcome soon.  

Sorry to hear about your father Tom. May his soul rest in peace.

I believe these circumstances are serious enough for DHA to consider your RRV. Wish you all the best. If you hear anything from DHA on your RRV please do update here if you can and I will do the same if I get any update on my RRV application.

[mext60]

Tom and others,

Just wanted to update, I got my RRV (155 - one year) today morning.

Regards,

[paulhand]

Good to hear. Thanks for letting us know. 

[Tom Brody]

10 hours ago, mext60 said:

Tom and others,

Just wanted to update, I got my RRV (155 - one year) today morning.

Regards,

A big congratulations, I am sure it is a great relief to you to have it and to know your fine now for your job and livelihood.  Best wishes and Good luck, 

Regards

TOM

 

[Tom Brody]

It's with great joy that I am able to report an update, and the good news that I was finally granted my RRV 155 to return back to Australia, (Sept 11)  It's been a long wait, 120 days or 17 weeks depending on how you look at it.  I take back all the bad things I may have said about the immigration folk, the bad thoughts and words, all the names I called them, and all the infestations I wished upon them.   Their lovely people really and for sure I was provoked into such words to be sure.  

May I thank all you guys who commented or showed an interest in this post, and all comments were noted.  It is always good to share a problem, a worry or concern and I thank you sincerely for your help.  It is a true saying, "Patience is Bitter but it's fruits are Sweet" and I really feel that today with the relief of getting my RRV.  So I am heading off soon and will be happy to join in more on this forum when I am in Perth, and of course to seek advice on Life Down Under.  Looking forward to it,  -  Onward and Upward.  

Best wishes to all, and have a blessed day. 

TOM 

[mext60]

3 hours ago, Tom Brody said:

It's with great joy that I am able to report an update, and the good news that I was finally granted my RRV 155 to return back to Australia, (Sept 11)  It's been a long wait, 120 days or 17 weeks depending on how you look at it.  I take back all the bad things I may have said about the immigration folk, the bad thoughts and words, all the names I called them, and all the infestations I wished upon them.   Their lovely people really and for sure I was provoked into such words to be sure.  

May I thank all you guys who commented or showed an interest in this post, and all comments were noted.  It is always good to share a problem, a worry or concern and I thank you sincerely for your help.  It is a true saying, "Patience is Bitter but it's fruits are Sweet" and I really feel that today with the relief of getting my RRV.  So I am heading off soon and will be happy to join in more on this forum when I am in Perth, and of course to seek advice on Life Down Under.  Looking forward to it,  -  Onward and Upward.  

Best wishes to all, and have a blessed day. 

TOM 

Very happy for you Tom. Best of Luck

[gameover98]

Let me add another data point to Tom's original discussion. I submitted my RRV on March 5th 2018, first RRV submission after my original grant expired in mid 2017. I've been in and out of Australia multiple times, but did not fulfill anywhere close to the 2-year residency requirement due to family issues outside of Australia. I applied for my RRV offshore, and was granted a 155 on Aug 21 2018, 169 days or 24 weeks after my initial submission. I too, like Tom, had bad thoughts and words for the immigration folks. Still, thanks DIBP for the extension but you sure took your time  It's almost as if someone was finally hired in August and everything started moving again....  

[Milcey W]

On 12/09/2018 at 08:35, Tom Brody said:

It's with great joy that I am able to report an update, and the good news that I was finally granted my RRV 155 to return back to Australia, (Sept 11)  It's been a long wait, 120 days or 17 weeks depending on how you look at it.  I take back all the bad things I may have said about the immigration folk, the bad thoughts and words, all the names I called them, and all the infestations I wished upon them.   Their lovely people really and for sure I was provoked into such words to be sure.  

May I thank all you guys who commented or showed an interest in this post, and all comments were noted.  It is always good to share a problem, a worry or concern and I thank you sincerely for your help.  It is a true saying, "Patience is Bitter but it's fruits are Sweet" and I really feel that today with the relief of getting my RRV.  So I am heading off soon and will be happy to join in more on this forum when I am in Perth, and of course to seek advice on Life Down Under.  Looking forward to it,  -  Onward and Upward.  

Best wishes to all, and have a blessed day. 

TOM 

Hi Tom, just checking, you lodged your visa in Australia, flew out and received the decision while you were offshore? (which took 120 days?)