Pneill Posted March 23, 2019 Share Posted March 23, 2019 MY sister is a permanent residance of australia but her tra el date has expired we have just found out that she can reapply for the visa but we need some help in what visas her sons would be entitled to. Oldest is 19 and 13 they both will be in education. Can any one help to what is the best visa. Thank you. Quote Link to comment Share on other sites More sharing options...
Quoll Posted March 23, 2019 Share Posted March 23, 2019 (edited) Sorry I had trouble following your question. Do you mean she had a visa but she didn't enter by the date required in which case it had lapsed? In that case, unless she had spent a significant time in Australia and has ties there like house /relatives etc then she will need to reapply for a visa and get kids will be on the new visa as dependents. If she is still eligible to apply that is. Edited March 23, 2019 by Quoll Quote Link to comment Share on other sites More sharing options...
Pneill Posted March 23, 2019 Author Share Posted March 23, 2019 No she lives in the uk. She has ties to australia myself once I move bck to australia my dad and our sister and brother live over their. The world centre said she has always been a resident just the travel date has ran out. She can reapply. But we're not sure what visas to get for her sons. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted March 23, 2019 Share Posted March 23, 2019 If she has a PR in which the travel rights have expired then she needs a resident return visa. If the children were also PR, then they simply need their own resident return visas. However, if they were not on the original PR the there may be an issue. The youngest child won't be a problem and will require a child visa. But the older, might be if they are not in full time education. Quote Link to comment Share on other sites More sharing options...
Pneill Posted March 23, 2019 Author Share Posted March 23, 2019 Thanks for you reply yes my older nephew will be in education as he is about to enter his 3rd year of college so he would do university in australia. Quote Link to comment Share on other sites More sharing options...
Quoll Posted March 23, 2019 Share Posted March 23, 2019 8 hours ago, Pneill said: No she lives in the uk. She has ties to australia myself once I move bck to australia my dad and our sister and brother live over their. The world centre said she has always been a resident just the travel date has ran out. She can reapply. But we're not sure what visas to get for her sons. Weren't her kids on her original pr application? If not then she could struggle to get them over. There's no guarantee she will get a RRV either - just having family there isn't really enough seeing as she couldn't be bothered to move to Australia within the time frame given. She can apply for a RRV and see what she gets. She should have had her kids on her previous pr in which case they apply for their RRV too. If she didn't have them on her previous application she will be hard pushed to explain why she's magically now got teenage kids. But they will need 101 visas (the eldest needs to be in full time education and totally dependent as he's over 18) Quote Link to comment Share on other sites More sharing options...
Pneill Posted March 23, 2019 Author Share Posted March 23, 2019 Just to make this a bit clearer sorry. My mum and dad and sister move to australia as my dad was a welder in 1983 they all became permanent residance. I was then born in australia in 1985 my mum and dad divorced so mum moved bck to Scotland and the travel time ended 1992. I have spoke to the world embassy centre and they have said that once ur a PR that u always have it but with the teavel date running out she just needa to reapply which she should get. So no she didn't have kids on her PR as she was on my mother's passport as a child and she's been for holidays to see out dad over the years. So what I'm wondering is what visas would the children be entitled to? Done some digging and their is quite a few thwy can get. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 24, 2019 Share Posted March 24, 2019 6 hours ago, Pneill said: My mum and dad and sister move to australia ...in 1983 they all became permanent residance. I was then born in australia in 1985 my mum and dad divorced so mum moved bck to Scotland and the travel time ended 1992. .... So no she didn't have kids on her PR as she was on my mother's passport as a child and she's been for holidays to see out dad over the years. So what I'm wondering is what visas would the children be entitled to? Done some digging and their is quite a few thwy can get. So your sister's travel facility ran out 27 years ago? She can apply for a RRV (Resident Return Visa) but because she has been away for such a very long time, she may not be successful. If she applies, she will need to show strong ties to Australia, and it would be best to hire a good agent to make the strongest possible case. It's likely they will give her only a three month RRV, which will give her time to arrive in Australia and settle, but she will then have to stay in Australia for at least two years (with no overseas travel) until she has been resident long enough to get a longer RRV. The younger one may be able to get a child visa. I think she might have to return to Australia and re-establish residency before she can apply, but that's why you need an agent. It is too confusing to tackle on your own. Quote Link to comment Share on other sites More sharing options...
Quoll Posted March 24, 2019 Share Posted March 24, 2019 (edited) 27 years ago! - I wouldn't assume that she will get a RRV at all. If she had skills to migrate in her own right then she might be better off going for a totally new application and putting her kids as dependents (providing the eldest is still in full time education and totally dependent on her). She might also find that as she had been over on holidays - one assumes on visitor visas - that they have superceded her PR so that it's no longer valid. Another issue might be the kids' father - would she have his permission to remove them from the country? You definitely need to talk to a MARA agent because I think it's far from certain she would be allowed to return after a quarter of a century and much of that as an adult with free will. I doubt you will find that there are many options for the kids at all. Edited March 24, 2019 by Quoll 1 Quote Link to comment Share on other sites More sharing options...
DT55 Posted March 24, 2019 Share Posted March 24, 2019 10 hours ago, Pneill said: Just to make this a bit clearer sorry. My mum and dad and sister move to australia as my dad was a welder in 1983 they all became permanent residance. I was then born in australia in 1985 my mum and dad divorced so mum moved bck to Scotland and the travel time ended 1992. I have spoke to the world embassy centre and they have said that once ur a PR that u always have it but with the teavel date running out she just needa to reapply which she should get. So no she didn't have kids on her PR as she was on my mother's passport as a child and she's been for holidays to see out dad over the years. So what I'm wondering is what visas would the children be entitled to? Done some digging and their is quite a few thwy can get. If you were born in Australia to permanent residents doesn't that make you an Australian citizen? Quote Link to comment Share on other sites More sharing options...
DT55 Posted March 24, 2019 Share Posted March 24, 2019 Sorry... Ignore. Just realised this is about your sister Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted March 24, 2019 Share Posted March 24, 2019 6 hours ago, DT55 said: If you were born in Australia to permanent residents doesn't that make you an Australian citizen? If their travel part run out in 1992 and it lasts five years I assume mum and dad got their PR in 1987, 2 years after the person in question was born Quote Link to comment Share on other sites More sharing options...
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