100 Partner Visa - Moving back to UK

[oliver27]

Hey,

I was granted a 100 perm visa and moved to Oz about three months ago, but I have come to the realisation that it’s not for me (and ironically it’s not for my Australian partner even more so!). This post isn’t really a discussion on my decision, but I don’t think Australia is a bad place at all and would suit a lot of people moving over, but just not for me.

My question: if I move back to the U.K., can I ‘keep’ my permanent visa status? You never know what might change in life and whether my priorities will change later down the line so just want to know. My understanding was that I could apply for citizenship within a certain amount of years or I could have just paid a nominal fee (I think $300) every 5 years for a resident return visa? If I just kept paying the resident return visa every 5 years would I effectively keep my 100 permanent residency visa status? And does this matter if I’m ‘offshore’?

Thanks

Edited December 28, 2018 by oliver27

[Jon the Hat]

The RRV has it's own requirements of ties to Australia, so if you have no job no family no house in Australia, you are not likely to be able to keep on applying and getting one.  I think if you have in future those ties it might be possible to apply for it to move back to Australia, but you should consult a migration agent  on the likelihood.

3 months is not long enough to settle though - this is a simple fact and not a debate

[Marisawright]

1 hour ago, oliver27 said:

My question: if I move back to the U.K., can I ‘keep’ my permanent visa status? You never know what might change in life ...My understanding was that I could apply for citizenship within a certain amount of years or I could have just paid a nominal fee (I think $300) every 5 years for a resident return visa? I.

No, you can't just keep getting RRV's and you can't get citizenship either.  Both the RRV and citizenship have minimum residency requirements.

Your current travel facility (i.e. your right to enter Australia) is valid for five years.

To get your first RRV at the end of your five years, you need to show you've been resident in Australia for at least two out of those five years.  They will sometimes waive that requirement, IF you can demonstrate you have "strong ties" to Australia (owning a home, family here, etc) - but it doesn't sound as though you would.  

However, let's say that by some miracle, you got a new five-year RRV.  At the end of the next five years, you'd have to apply again.  Again, you'd need to show two years' residency or demonstrate "strong ties" - and at that point, they're likely to observe that the ties can't be very strong if you haven't moved back yet, and you'll be out of luck.

Edited December 28, 2018 by Marisawright

[Marisawright]

I'm sorry to hear Australia hasn't worked out for you.  I do think 3 months isn't long enough to make up your mind - the first few months in any country is usually horrible!  

[Jon the Hat]

Also it is entirely possible that just the bit of Australia you are in isn't for you?  Maybe worth spending some time somewhere else before chucking it in?

[Quoll]

1 hour ago, Jon the Hat said:

Also it is entirely possible that just the bit of Australia you are in isn't for you?  Maybe worth spending some time somewhere else before chucking it in?

Why? That's very much like continuing to bang your head against a brick wall in hopes that the headache will go away. They've said that neither of them - including the Australian - want to be in Australia. You don't have to be Einstein to know if a place is for you or not. Better they go back now and retrieve add much of their lives as possible and good luck to them! 

As long as one in the relationship is an Australian then the possibility of another spouse visa is always going to be an option but the OP's current visa won't have no much longevity beyond the original 5 years.

[newjez]

5 hours ago, oliver27 said:

Hey,

I was granted a 100 perm visa and moved to Oz about three months ago, but I have come to the realisation that it’s not for me (and ironically it’s not for my Australian partner even more so!). This post isn’t really a discussion on my decision, but I don’t think Australia is a bad place at all and would suit a lot of people moving over, but just not for me.

My question: if I move back to the U.K., can I ‘keep’ my permanent visa status? You never know what might change in life and whether my priorities will change later down the line so just want to know. My understanding was that I could apply for citizenship within a certain amount of years or I could have just paid a nominal fee (I think $300) every 5 years for a resident return visa? If I just kept paying the resident return visa every 5 years would I effectively keep my 100 permanent residency visa status? And does this matter if I’m ‘offshore’?

Thanks

Warning! There is a faction on this site who think it is their duty to rescue poms from Australia.

There is another faction who think it is their duty to rescue poms from the UK.

I'm Australian. My wife is English. She hated Australia when we lived there. A year isn't long enough. Now, after many holidays there, she wants to live there. But life gets complicated.

I would give it a bit more time. Three months is nothing. You probably haven't even unpacked, never mind got past the 'why do they do it like that' stage. (They just do. They won't change)

Get a piece of paper. Write pros and cons. See if you can solve some of the cons.

The UK is a great place. But you should at least give Australia a go. You must have invested quite a lot so far.

[Jon the Hat]

41 minutes ago, Quoll said:

Why? That's very much like continuing to bang your head against a brick wall in hopes that the headache will go away. They've said that neither of them - including the Australian - want to be in Australia. You don't have to be Einstein to know if a place is for you or not. Better they go back now and retrieve add much of their lives as possible and good luck to them! 

As long as one in the relationship is an Australian then the possibility of another spouse visa is always going to be an option but the OP's current visa won't have no much longevity beyond the original 5 years.

I think it is possible to dislike one part of Australia and love another.  Is that a bit complicated?   I could never  live in the Tropics, but i really like Adelaide, think Melbourne is fine, would like to like in Sydney for a while but would find it too much forever?

The wall might turn out to be imaginary!

[Quoll]

2 hours ago, Jon the Hat said:

I think it is possible to dislike one part of Australia and love another.  Is that a bit complicated?   I could never  live in the Tropics, but i really like Adelaide, think Melbourne is fine, would like to like in Sydney for a while but would find it too much forever?

The wall might turn out to be imaginary!

The point is its Australia and there's nothing in the rule book that says you have to like it. Hard for someone who is new to the place and determined to love it to understand. It's quite possible to know in a few months (weeks or even days) that it isn't where you want to be, you don't have to try every capital and large city just to prove the point to anyone.

[Nemesis]

1 hour ago, Quoll said:

The point is its Australia and there's nothing in the rule book that says you have to like it. Hard for someone who is new to the place and determined to love it to understand. It's quite possible to know in a few months (weeks or even days) that it isn't where you want to be, you don't have to try every capital and large city just to prove the point to anyone.

I guess t partly depends why one hates Australia. Is it the attitudes and the people themselves? Or is it more to do with the weather in one area, the size of the city etc If the latter and you're in Sydney, try Adelaide, try somewhere smaller for instance. If its more down to just feeling you have nothing in common with the people and their way of life and attitudes, then moving cities is unlikely to change the way tou feel about oz. You will still feel like the odd one out.

[oliver27]

Thanks for everyone’s great responses.

Firstly, thank you for the info about the resident return visa. I had a feeling this was a long shot, but just wanted to check. Makes sense that you must have lived in Australia for a decent enough time to meet the ‘resident’ part of the ‘resident’ return visa! Oh well. Like someone pointed out, I guess there’s always the possibility of another visa further down the line if we ever wanted that.

Secondly, I guess I’ll give more texture about our decision as that seems to be a topic of convo. We have had jobs pretty much since we landed and have been relatively settled into the day-to-day-life here to get a feel for what it’s like. Although I agree that three months isn’t long (and most family and friends are saying we need to give it more time), I still think we know by now whether we’re going to want to live here. Also, bear in mind we’re not leaving tomorrow, so if anything changes in a few months then we’ll stay.

We have already made a pros and cons list, and made it as objective as we could to the specific places (U.K. vs Australia) and things you can’t change about these places (i.e. so no things you could change was able to feature on the list - jobs, friends, etc. - as these things aren’t place specific and can be changed in either place). The U.K. came on top by quite a bit for us. It was based on what was important to us, so obviously this could be completely different for other people, hence why I don’t want to say Australia is rubbish etc. as it’s not at all and I don’t even personally think that. I just know I don’t want to live here for the rest of my life, as doesn’t my partner, so what’s the point in wasting time here to prove to others that we ‘gave it more time’. Also re: other places in Australia, we obviously considered this, but although moving to a different oz location would have addressed some of our oz ‘cons’, it would have still favoured the U.K. as most were Australia wide things.

I spent a lot of money on my visa, which is a bit depressing, but I have A). learnt a lot about myself, what’s important to me, and my character; B). challenged myself on a personal level to relocate across the world; C). learnt a valuable lesson about the grass not being greener all the time and the lesson of being contempt in some situations; D). made new friends; E). added to my CV and will likely come back with money in the bank by the time I come back due to better wages here; F). scratched an itch I think would have always been there if I hadn’t have tried it, and now gives me clarity to set other goals like buying a house and get my roots down; G.) had the joy of experiencing another country and culture (and I will be making the most out of it - I want to stress that I’m not depressed over here and will ensure my time over here is positive, I just don’t think it’s for me long-term so don’t see the point in staying past the point where I’ve seen everything I wanted to see just to prove something, as we’ll then start to distance ourselves from the U.K. and probably find it harder to move back). Just wish I’d have got a WHV... 

[ali]

Sorry to hear it's not worked out .. just an aside, does your Australian Partner have the right to return indefinitely to the UK

[Toots]

1 hour ago, oliver27 said:

Thanks for everyone’s great responses.

Firstly, thank you for the info about the resident return visa. I had a feeling this was a long shot, but just wanted to check. Makes sense that you must have lived in Australia for a decent enough time to meet the ‘resident’ part of the ‘resident’ return visa! Oh well. Like someone pointed out, I guess there’s always the possibility of another visa further down the line if we ever wanted that.

Secondly, I guess I’ll give more texture about our decision as that seems to be a topic of convo. We have had jobs pretty much since we landed and have been relatively settled into the day-to-day-life here to get a feel for what it’s like. Although I agree that three months isn’t long (and most family and friends are saying we need to give it more time), I still think we know by now whether we’re going to want to live here. Also, bear in mind we’re not leaving tomorrow, so if anything changes in a few months then we’ll stay.

We have already made a pros and cons list, and made it as objective as we could to the specific places (U.K. vs Australia) and things you can’t change about these places (i.e. so no things you could change was able to feature on the list - jobs, friends, etc. - as these things aren’t place specific and can be changed in either place). The U.K. came on top by quite a bit for us. It was based on what was important to us, so obviously this could be completely different for other people, hence why I don’t want to say Australia is rubbish etc. as it’s not at all and I don’t even personally think that. I just know I don’t want to live here for the rest of my life, as doesn’t my partner, so what’s the point in wasting time here to prove to others that we ‘gave it more time’. Also re: other places in Australia, we obviously considered this, but although moving to a different oz location would have addressed some of our oz ‘cons’, it would have still favoured the U.K. as most were Australia wide things.

I spent a lot of money on my visa, which is a bit depressing, but I have A). learnt a lot about myself, what’s important to me, and my character; B). challenged myself on a personal level to relocate across the world; C). learnt a valuable lesson about the grass not being greener all the time and the lesson of being contempt in some situations; D). made new friends; E). added to my CV and will likely come back with money in the bank by the time I come back due to better wages here; F). scratched an itch I think would have always been there if I hadn’t have tried it, and now gives me clarity to set other goals like buying a house and get my roots down; G.) had the joy of experiencing another country and culture (and I will be making the most out of it - I want to stress that I’m not depressed over here and will ensure my time over here is positive, I just don’t think it’s for me long-term so don’t see the point in staying past the point where I’ve seen everything I wanted to see just to prove something, as we’ll then start to distance ourselves from the U.K. and probably find it harder to move back). Just wish I’d have got a WHV... 

 

At least you found out early on in the  piece that Australia isn't for you.  So many people seem to feel that they just don't fit in or feel at home here then find they are stuck for whatever reason.  Best to return to the place where you belong.  Sounds like you have had an enjoyable adventure here though.  

 

[oliver27]

1 hour ago, ali said:

Sorry to hear it's not worked out .. just an aside, does your Australian Partner have the right to return indefinitely to the UK

Yes she has a U.K. passport and had been in the U.K. for 7 years prior to this move.

1 hour ago, Toots said:

 

At least you found out early on in the  piece that Australia isn't for you.  So many people seem to feel that they just don't fit in or feel at home here then find they are stuck for whatever reason.  Best to return to the place where you belong.  Sounds like you have had an enjoyable adventure here though.  

 

Thank you :) that’s what we didn’t want to end up like. If we know now, then why wait? And yes it’s definitely an adventure, not only of Australia but of character and life! :) don’t regret making the move...