Travel on ETA during last visit to Australia

[Aussiebird]

I have just read something which freaked me out just now!

When me and my O/H moved back to the UK in 2014, the travel part of his 5 year partner visa was still valid. It expired in 2016.

In December 2017 we went back to Australia for 2 weeks to spend Christmas with my family.

WHAT WE DIDNT KNOW WAS THAT HE SHOULD HAVE APPLIED FOR A RRV TO ENTER AUSTRALIA AS HE WOULD HAVE BEEN  CLASSED AS A FORMER AUSTRALIAN PERMANENT RESIDENT (OR AN AUSTRALIAN PERMANENT  RESIDENT).

INSTEAD, HE APPLIED FOR AN ETA (VISITOR VISA).!!!!

I HAVE JUST READ ON THE AUSTRALIAN WEBSITE FOR VISAS THAT IF ANYONE ENTERS AUSTRALIA AS A FORMER/AUSTRALIAN RESIDENT BUT ONLY THE TRAVEL PART OF THERE VISA HAS EXPIRED AND THEY ARE OUT OF THE COUNTRY  ***IT STATES DO NOT ENTER AUSTRALIA ON ANY OTHER VISA**** OR YOU WILL LOSE YOUR PERMANENT RESIDENCY!!!!

Now this could change everything as im sure he wont get even a 3 month RRV to return!!

We would definitely have to apply for a new Partner Visa.?

Can anyone correct me if I am wrong or has been in this situation and what what the outcome?

I AM FOREVER GRATEFUL!!!

 

Thanks in advance. 

Xx

Edited February 22, 2019 by Aussiebird

[Amber Snowball]

Oh dear.

Yes, I have heard this about lesser visas cancelling out the substantive ones. Maybe a private message to one of the agents on here. If they need to do a bit of work you might need to pay a small fee but it would tell you for sure, rather than sending yourself mad with all the possible variations. Did any of them reply to you on here? If they did maybe flick one of them a private message.

[Aussiebird]

1 minute ago, Amber Snowball said:

Oh dear.

Yes, I have heard this about lesser visas cancelling out the substantive ones. Maybe a private message to one of the agents on here. If they need to do a bit of work you might need to pay a small fee but it would tell you for sure, rather than sending yourself mad with all the possible variations. Did any of them reply to you on here? If they did maybe flick one of them a private message.

Oh no! 

Its not a problem applying for another partner visa even though they are time consuming and having to go down that route again, but it will take a lot longer to move back to Australia and wouldnt want that situation giving my O/H time to change his mind!

Oh this is all i need right now!!

I expect if he does apply for a RRV it will most certainly be refused then.  

xx

[Amber Snowball]

4 minutes ago, Aussiebird said:

Oh no! 

Its not a problem applying for another partner visa even though they are time consuming and having to go down that route again, but it will take a lot longer to move back to Australia and wouldnt want that situation giving my O/H time to change his mind!

Oh this is all i need right now!!

I expect if he does apply for a RRV it will most certainly be refused then.  

xx

I’m tagging @paulhand into this conversation. He replied to one of your other threads. You need some proper information here, not my uneducated ramblings! 

Don’t throw it away just yet. See if Paul has any other information. Then go from there. 

Over to you Paul!

[Aussiebird]

Just now, Amber Snowball said:

I’m tagging @paulhand into this conversation. He replied to one of your other threads. You need some proper information here, not my uneducated ramblings! 

Don’t throw it away just yet. See if Paul has any other information. Then go from there. 

Over to you Paul!

Thank you, i really appreciate  you doing that. Hopefully he can just advise a definite yes or know.

Xx

[paulhand]

There are no definites, but as @Amber Snowball says you have probably reached the point where you need some professional advice. 

[Amber Snowball]

2 minutes ago, paulhand said:

There are no definites, but as @Amber Snowball says you have probably reached the point where you need some professional advice. 

Thanks Paul.

@Aussiebird maybe contact Paul and pay a bit to get some absolute advice and direction on this. You want to get this right for your own wellbeing!

[ali]

@Aussiebird, I agree with Amber (and it's been suggested several times to you), to speak to a professional - you're tying yourself in knots.  If you want to get this right - you need to speak to an expert.

[Aussiebird]

10 hours ago, ali said:

@Aussiebird, I agree with Amber (and it's been suggested several times to you), to speak to a professional - you're tying yourself in knots.  If you want to get this right - you need to speak to an expert.

The answer is clearly on the page that I read, it states entering Australia on another visa (ETA) when the travel part of a partner visa has expired and you are outside Australia,   will result in permanent residency being lost.

So no point in wasting time. A new partner visa will have to be applied for.

[ali]

2 hours ago, Aussiebird said:

The answer is clearly on the page that I read, it states entering Australia on another visa (ETA) when the travel part of a partner visa has expired and you are outside Australia,   will result in permanent residency being lost.

So no point in wasting time. A new partner visa will have to be applied for.

I'm confused as to why you've posted asking the question if you've already decided that you have the answer - despite a RMA encouraging you seek professional advice, which to me suggests that your answer might not be so black and white and there might be an alternative strategy for you.

[Aussiebird]

16 minutes ago, ali said:

I'm confused as to why you've posted asking the question if you've already decided that you have the answer - despite a RMA encouraging you seek professional advice, which to me suggests that your answer might not be so black and white and there might be an alternative strategy for you.

I wanted to know if anyone had used a visitor visa at any time and was still granted a RRV to return to Australia permanently without losing residency status, despite what it says on the website.

[NickyNook]

Read this thread - particularly the comments made by Paul Hand which reflect your husbands situation exactly: https://www.pomsinoz.com/topic/201664-lapsed-permanent-residency-visa-is-rrv-an-option-for-me/?tab=comments#comment-2410753

if I were you, I’d be consulting him ASAP.

[Aussiebird]

Thank you, this information is very useful, however, even if going through a MA would that guarantee being granted a RRV anyway? 

[Amber Snowball]

21 minutes ago, Aussiebird said:

Thank you, this information is very useful, however, even if going through a MA would that guarantee being granted a RRV anyway? 

Paul is a MARA agent and would direct you to the most appropriate pathway having spoken to you a bit more. He’s not going to set you up to fail. If it was straightforward I thinkge would have said that and let you go it alone. The fact he hasn’t would suggest it is more complex and will need a proper assessment of facts in order to take the correct action.

[Aussiebird]

17 minutes ago, Amber Snowball said:

Paul is a MARA agent and would direct you to the most appropriate pathway having spoken to you a bit more. He’s not going to set you up to fail. If it was straightforward I thinkge would have said that and let you go it alone. The fact he hasn’t would suggest it is more complex and will need a proper assessment of facts in order to take the correct action.

Thank you Amber. I do have one question I would like to ask though:

I'm not sure what we be sufficient evidence of substantial ties to Australia  for my O/H other than we still have banks accounts there, the family ties are my family, ie: my 2 brothers, nephews, nieces, an auntie (who I don't have contact with or seen her since 2009) and that I'm an Australian citizen.

I suppose compelling reasons are because I wanted to come back to UK because my eldest son had 2 children close together in the UK,  whilst we was living in Australia and I wanted to be a part of being a grandparent to help out etc...In there young years....and my other son settled back into school so we ended up staying, with the Intention of going back to Australia when my son leaves education (2020).

I'm just wondering as it wasn't my O/H decision to leave Australia and the above reasons, would be enough of a compelling reason to allow him a RRV anyway.

Are my family ties in Australia and citizenship etc what immigration would take into account as whilst still in UK, we don't own a home in Australia,  have jobs etc as how can we at the moment until we move back?

So sorry to babble on!

 

[Amber Snowball]

19 minutes ago, Aussiebird said:

Thank you Amber. I do have one question I would like to ask though:

I'm not sure what we be sufficient evidence of substantial ties to Australia  for my O/H other than we still have banks accounts there, the family ties are my family, ie: my 2 brothers, nephews, nieces, an auntie (who I don't have contact with or seen her since 2009) and that I'm an Australian citizen.

I suppose compelling reasons are because I wanted to come back to UK because my eldest son had 2 children close together in the UK,  whilst we was living in Australia and I wanted to be a part of being a grandparent to help out etc...In there young years....and my other son settled back into school so we ended up staying, with the Intention of going back to Australia when my son leaves education (2020).

I'm just wondering as it wasn't my O/H decision to leave Australia and the above reasons, would be enough of a compelling reason to allow him a RRV anyway.

Are my family ties in Australia and citizenship etc what immigration would take into account as whilst still in UK, we don't own a home in Australia,  have jobs etc as how can we at the moment until we move back?

So sorry to babble on!

 

I genuinely have no idea, sorry. I thought it was more about the ties to Australia rather than the compelling reasons that he left, I think I saw that on here from one of the agents. 

Someone else might know better but again Paul would be able to guide you on the wording of this if appropriate. A lot of this migration lark is in how the evidence is presented it seems!

[Aussiebird]

5 minutes ago, Amber Snowball said:

I genuinely have no idea, sorry. I thought it was more about the ties to Australia rather than the compelling reasons that he left, I think I saw that on here from one of the agents. 

Someone else might know better but again Paul would be able to guide you on the wording of this if appropriate. A lot of this migration lark is in how the evidence is presented it seems!

Thanks Amber. I have sent a message to Paul so hoping he will respond.

Kind regards.

[Amber Snowball]

12 minutes ago, Aussiebird said:

Thanks Amber. I have sent a message to Paul so hoping he will respond.

Kind regards.

Good for you! I think it’s the way to go. It might cost a bit for his advice/support but this is so important. You don’t want to get it wrong. Keeping everything crossed for you! 

[Aussiebird]

15 minutes ago, Amber Snowball said:

Good for you! I think it’s the way to go. It might cost a bit for his advice/support but this is so important. You don’t want to get it wrong. Keeping everything crossed for you! 

Thank you so much! Xx

[Marisawright]

8 hours ago, Aussiebird said:

I'm not sure what we be sufficient evidence of substantial ties to Australia  for my O/H other than we still have banks accounts there, the family ties are my family, ie: my 2 brothers, nephews, nieces, an auntie (who I don't have contact with or seen her since 2009) and that I'm an Australian citizen.

I suppose compelling reasons are because I wanted to come back to UK

This is why you need to hire Paul to do the submission for you.  At first glance, your "substantial ties" don't sound that substantial.  An agent will know how to tweak the wording to present the strongest possible case.

Your oh doesn't need a compelling reason for why he left. He needs a compelling reason for why he stayed for so long.  He had a "window" of several years, during which he could easily have returned, but he chose to let his PR lapse.  If he values his connection to Australia, he wouldn't have let that happen, so he must have a very strong reason why it was impossible for him to return till now.    Again, I think you could be on shaky ground there, so it would be worth getting an agent who can write the submission in the strongest way possible.  

[rammygirl]

Actually as he hasn’t been absent from Australia for more than 5 years (he was back in 2017) then he doesn’t need compelling reasons why he hasn’t returned just substantial ties.

An Australian spouse is a substantial tie in itself, along with bank accounts and extended family. 

People who have posted on here have successfully gained RRVs after travelling in visit visas so it is possible.

An agents fees at this point could save you thousands if you do not need to apply for a partner visa. 

[paulhand]

59 minutes ago, rammygirl said:

Actually as he hasn’t been absent from Australia for more than 5 years (he was back in 2017) then he doesn’t need compelling reasons why he hasn’t returned just substantial ties.

An Australian spouse is a substantial tie in itself, along with bank accounts and extended family. 

People who have posted on here have successfully gained RRVs after travelling in visit visas so it is possible.

An agents fees at this point could save you thousands if you do not need to apply for a partner visa. 

In this scenario the 2017 trip doesn’t actually reset the 5 year clock, as it is based on the last exit date as a PR. 

[rammygirl]

20 minutes ago, paulhand said:

In this scenario the 2017 trip doesn’t actually reset the 5 year clock, as it is based on the last exit date as a PR. 

And that is why you should seek professional advice and be prepared to pay for it. You would use an accountant for complicated tax returns or a qualified mechanic to fix your car, so why not for something as important as a visa. 

Us well meaning amateurs can easily get it wrong and you have NO come back if it all goes wrong........

[Aussiebird]

29 minutes ago, rammygirl said:

And that is why you should seek professional advice and be prepared to pay for it. You would use an accountant for complicated tax returns or a qualified mechanic to fix your car, so why not for something as important as a visa. 

Us well meaning amateurs can easily get it wrong and you have NO come back if it all goes wrong........

Thanks rammygirl,  it's worth it then. At best he may get a 3 month RRV. 

[paulhand]

43 minutes ago, Aussiebird said:

Thanks rammygirl,  it's worth it then. At best he may get a 3 month RRV. 

One year ... the 3 month one is a different animal all together...