Can a Former Resident Obtain a TSS Visa

[JP2019]

Good day all,

New to the forum and wish to go straight to a question.

I am a former Permanent Resident and my RRV has expired and I do not currently meet the sufficient ties tests to renew it, although I have not tested this by making an application.

But recently a company has approached me and tentatively suggested that there may be a job in the offering back in Australia and I would be very keen to move back and bring my family with me now.

My question, would the company be able to apply for a TSS visa for me and my family given that I am a former Australian resident (would this previous visa and then potential ability to apply for an RRV block another visa type application)? 

I obviously expect the company to seek immigration advice prior to any offer being made but as we are in the early stages those discussions have not yet happened and curious if it is possible.

Your insight would be welcomed.

JP2019

[paulhand]

I would suggest that you get the job offer firmed up and then apply for an RRV - cheaper and better for you and the company. 

[JP2019]

Dear Paul, thanks for that, yes would have thought that would be the best if it was just me. Forgot to clarify that my wife and step-daughter were not part of that original PR application, so the RRV would only be for me and they would be left essentially homeless as we work in a second country where I am already their sponsor for a work permit. So unless we can move together it will not be viable to head to Australia.

[paulhand]

OK - but more complex then! I’m happy to have an initial look if you get in touch through my website (below). 

[JP2019]

Thanks again, the company concerned would use their agent, very large MNC. Just wanted to know if the TSS route was a possibility given the circumstances.

[Marisawright]

12 minutes ago, JP2019 said:

Thanks again, the company concerned would use their agent, very large MNC. Just wanted to know if the TSS route was a possibility given the circumstances.

If you get the TSS then it would cancel your PR which would be a shame

[paulhand]

50 minutes ago, Marisawright said:

If you get the TSS then it would cancel your PR which would be a shame

His PR has already expired ... there is nothing to cancel. But I agree that TSS not necessarily the optimal route. 

1 hour ago, JP2019 said:

Thanks again, the company concerned would use their agent, very large MNC. Just wanted to know if the TSS route was a possibility given the circumstances.

Yes it is - but see above. 

[JP2019]

Appreciate the above, will be in touch if needed.

I know it appears less than optimal but given the family situation not sure if there'd be truly another option. I don't have the ability to leave them where we currently live and then for me to travel and then get them down on a partner/dependent route.

[MaggieMay24]

If you get your RRV and move to Australia, if your family were to follow on a visitor visa they could possibly apply for an onshore partner visa (including dependent children).  Once their visitor visa expired, they would then move onto a bridging visa which allows them to remain in Australia indefinitely while their partner visa is processed.

There are some "depends" involved such as whether they could get a visitor visa without a No Further Stay condition, but definitely something you should ask about when you speak to the migration agent.