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Tom Brody

RESIDENT RETURN VISA

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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. 

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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

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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.

 

 

 

 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

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


Raul T Senise MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

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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. 

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

 

 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

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