Applying for RRV from outside Australia

[Tracey Small]

Hi there,

Looking for some guidance and advice please. 

I, along with my 2 daughters, were granted 100 visa and PR back in August 2012 after moving to Australia in October 2011, but we all moved back to the UK in October 2013 due to a serious family illness.

We are now wanting to return to live in Australia, and I have been told I need to apply for a RRV and that my daughter's need to apply independently as well as they are now 17 and 19. 

Has anyone had any experience of this?  I looked on the government website and it lists quite a few examples of paperwork, which we have, this proves our marriage is continuous and on going. (Don't think he could find anyone else to put up with him )How much evidence do I need to attach etc? How long on average do they take to get granted? How do I make sure my daughter's applications are considered along with mine, as we are a family unit? So many questions

We have been back to Australia since moving back to the UK as all of my husband's family are there. We had always planned to move back, but within the initial 5 years, but my daughter's were completing GCSES, and then A Levels so the timing just wasn't right.

My husband and our son have dual nationality so for them it's a quick renewal of their Aussie Passports...

Any guidance would be greatly appreciated on how best to tackle the paperwork involved.

Thanks in advance

Tracey

 

[paulhand]

Yes, you all need to apply independently but can ask the Department to group the applications for processing. Your 19 y.o. still needs to be dependent on you as she is now an adult and not automatically part of family. Unless it is more than 5 years since you have been in Australia as a PR, your reasons for absence are not relevant.

 

[Tracey Small]

Thank you for replying, my eldest still lives at home, but does work full time, I hope that doesn't impact her application.

We haven't lived in Australia since 2013, so it is over 5 years, have only been back for holidays in the last 6 years. The travel part of my visa expired 2 years ago.

 

[Tulip1]

1 hour ago, Tracey Small said:

Thank you for replying, my eldest still lives at home, but does work full time, I hope that doesn't impact her application.

We haven't lived in Australia since 2013, so it is over 5 years, have only been back for holidays in the last 6 years. The travel part of my visa expired 2 years ago.

 

I think that will impact her application. I’m quite sure she won’t be seen as dependent on you as she could move into a house/flat share or something. Her still living in your house doesn’t mean she’s dependent on you. It would be best to run it past a migrant agent such as paulhand above 

[Tracey Small]

Thanks for replying. Both my daughters were granted PR and have also been back to Australia in the last 6 years. We were all granted PR. When I spoke to someone at Australia House in the UK they said our PR was still intact it was just the travel part that had expired.

'Please note your (subclass 100) permanent visa travel component has expired on 28/08/2017, you will need to apply for, and be granted a Resident Return visa (RRV). It is strongly advised that you do this prior to traveling.'

As you can most probably appreciate, I don't want to leave my 19 year old daughter behind. Which puts me in a very tricky situation as my husband wants to return home. Nothing is ever straightforward.

[paulhand]

32 minutes ago, Tracey Small said:

Thanks for replying. Both my daughters were granted PR and have also been back to Australia in the last 6 years. We were all granted PR. When I spoke to someone at Australia House in the UK they said our PR was still intact it was just the travel part that had expired.

'Please note your (subclass 100) permanent visa travel component has expired on 28/08/2017, you will need to apply for, and be granted a Resident Return visa (RRV). It is strongly advised that you do this prior to traveling.'

As you can most probably appreciate, I don't want to leave my 19 year old daughter behind. Which puts me in a very tricky situation as my husband wants to return home. Nothing is ever straightforward.

 

This is not really correct advice. Give me a call on Monday and I can point you in the right direction. 

[Jojoe]

5 hours ago, Tracey Small said:

Hi there,

Looking for some guidance and advice please. 

I, along with my 2 daughters, were granted 100 visa and PR back in August 2012 after moving to Australia in October 2011, but we all moved back to the UK in October 2013 due to a serious family illness.

We are now wanting to return to live in Australia, and I have been told I need to apply for a RRV and that my daughter's need to apply independently as well as they are now 17 and 19. 

Has anyone had any experience of this?  I looked on the government website and it lists quite a few examples of paperwork, which we have, this proves our marriage is continuous and on going. (Don't think he could find anyone else to put up with him )How much evidence do I need to attach etc? How long on average do they take to get granted? How do I make sure my daughter's applications are considered along with mine, as we are a family unit? So many questions

We have been back to Australia since moving back to the UK as all of my husband's family are there. We had always planned to move back, but within the initial 5 years, but my daughter's were completing GCSES, and then A Levels so the timing just wasn't right.

My husband and our son have dual nationality so for them it's a quick renewal of their Aussie Passports...

Any guidance would be greatly appreciated on how best to tackle the paperwork involved.

Thanks in advance

Tracey

 

I would suggest you get advice from a registered migrant agent . From what I am reading you all have a permanent residence visa but your right to travel on that visa has expired . The fact that you are outside Australia on expiry of your right to travel on your permanent visa will need professional advice and help. 

[Tracey Small]

That's how I see it. I will contact Paul on Monday, hopefully he can shed some light. My husband is desperate to return home. The reply I had was from the processing department in Queensland they said all our PR's are there just the travel component is no longer valid.  Now the confusion with my 19 year old, might just get her to enrol on a full time/part time college course for a year. She is only working as she deferred uni after her A Levels. 

Been a super stressful weekend as we had to have our beautiful Great Dane put to sleep. 

[Amber Snowball]

1 hour ago, Tracey Small said:

That's how I see it. I will contact Paul on Monday, hopefully he can shed some light. My husband is desperate to return home. The reply I had was from the processing department in Queensland they said all our PR's are there just the travel component is no longer valid.  Now the confusion with my 19 year old, might just get her to enrol on a full time/part time college course for a year. She is only working as she deferred uni after her A Levels. 

Been a super stressful weekend as we had to have our beautiful Great Dane put to sleep. 

So sorry to hear about your dog. It’s hard. Sending hugs.

[paulhand]

16 hours ago, Jojoe said:

I would suggest you get advice from a registered migrant agent . From what I am reading you all have a permanent residence visa but your right to travel on that visa has expired .

Unfortunately that is not how it works. If you are offshore when your PR visa expires, then your PR expires as well. This does not preclude you getting it back by applying for an RRV as a former permanent resident, if you are eligible. 

Edited September 15, 2019 by paulhand

[Tracey Small]

Hi Paul,

I get what you are saying, however when I spoke to the processing department in Queensland via email I asked for the status of my visa and they said that is was only my travel component that had expired. That my PR had not expired or been withdrawn. 

If you are outside Australia when the travel component of your permanent visa expires, do not return to Australia on any other kind of visa. If you do:

• you might lose your permanent resident status
• your eligibility for citizenship might be affected

It's very confusing with the mix of responses from here and Queensland processing department. I am a mother of an Australian citizen and married to an Australian citizen. I know that I meet the necessary requirements for PR. I think the sticking point will be my 19 year old. 

Edited September 15, 2019 by Tracey Small
Typo

[paulhand]

Not sure what the Queensland processing department is, but there is a lot of confusion on the whole “PR never expires” issue. The department’s helpline is also not, strange as it may seem, a trusted source for information. 

The law defines a permanent resident as “the holder of a permanent visa”. A person’s permanent visa expires if they are offshore when the “travel period” is over. If you do a VEVO check in this situation, you will see there is no visa.

This is different to being able to qualify for a resident return visa, which is a visa that reinstates your status as a permanent resident. 

[Tracey Small]

Hi Paul,

It is the Home office department where they process your application and give you updates on your status.

From everything I have been able to gleam from the Australian home office websites ( I have spent to much time online today when I should have been completing my lesson plans) myself and my daughters will qualify for a RRV but we will only qualify for the short term 155 RRV initially. When I checked the step by step guide of compelling reasons, my eldest daughter should qualify as she was in full time education (and couldn't return) and now we are waiting for her younger sister to complete her training placement/house sale to be completed etc. Additionally she is part of a family unit that -should- be granted RRV. I believe from what I have read/understood on the immigration website that until I have resided in Australia for 2 years I will not be able to apply for the 157 RRV. However if I am not planning on leaving Australia once I am there (and granted a 155) I do not need to apply for a 157 until I wish to travel? 

From what I have read I should not enter Australia until my RRV has been granted as it could effect my PR. 

As with anything government related I am sure it will not be that straightforward. 

[Tracey Small]

3 hours ago, Amber Snowball said:

So sorry to hear about your dog. It’s hard. Sending hugs.

Thank you.

Trying to get my head around RRV's and sorting out my lesson plans ready for next week has kept me distracted. Just absolutely devastated he was such a beautiful dog.  

[Amber Snowball]

5 minutes ago, Tracey Small said:

Thank you.

Trying to get my head around RRV's and sorting out my lesson plans ready for next week has kept me distracted. Just absolutely devastated he was such a beautiful dog.  

Yes, you sound busy!

I can’t help with the RRV but Paul has provided a lot of assistance on the forum in this area, so you are talking to the right person!

[Tulip1]

7 hours ago, Tracey Small said:

That's how I see it. I will contact Paul on Monday, hopefully he can shed some light. My husband is desperate to return home. The reply I had was from the processing department in Queensland they said all our PR's are there just the travel component is no longer valid.  Now the confusion with my 19 year old, might just get her to enrol on a full time/part time college course for a year. She is only working as she deferred uni after her A Levels. 

Been a super stressful weekend as we had to have our beautiful Great Dane put to sleep. 

Very sad news re your dog. I don’t think your daughter suddenly enrolling on a course will work. I believe they ask for many months history in order to stop people changing their situation to fit the criteria. She probably should have done that straight after her A Levels. I would speak to Paul if I was you.  You need to know exactly where you stand and what you can do and he will provide that for you. Good luck 

  

[Tracey Small]

She only started working as she deferred uni last year as she is unsure what career path to take and whether the uni course she had selected was the best option. She was due to start uni this month but decided against going as we said we were most probably going to move back to Australia (my just is very homesick) Enrollments for courses are from September in the UK, so for her to enrol now would not be unusual, she has been toying with completing a 1 year business management course.

I am speaking to Paul tomorrow.

We are very sad to lose our beautiful dog

Edited September 15, 2019 by Tracey Small

[Marisawright]

24 minutes ago, Tulip1 said:

Very sad news re your dog. I don’t think your daughter suddenly enrolling on a course will work. I believe they ask for many months history in order to stop people changing their situation to fit the criteria. She probably should have done that straight after her A Levels. I would speak to Paul if I was you.  You need to know exactly where you stand and what you can do and he will provide that for you. Good luck 

  

If I understand the situation correctly, the daughter already has PR, she just needs to apply for a RRV in her own right. 

I’m pretty sure of that’s the case then it doesn’t matter whether she’s dependent or not - that would only be an issue if she didn’t already have PR

[Tracey Small]

Yes, my daughter already has PR but from talking to Paul we might be classed as former PR. 

I am going to talk to Paul tomorrow, seek further clarification and best way forward.

Either way my daughter dislikes her job immensely, it was only meant to be for the year before she started uni. This might give her a push to actually think about what she wants to do with the rest of her life... No pressure Thought parenting was meant to get easier

[Marisawright]

5 hours ago, Tracey Small said:

Yes, my daughter already has PR but from talking to Paul we might be classed as former PR. 

I am going to talk to Paul tomorrow, seek further clarification and best way forward.

Yes, or sounds like you are all former PR. The point is that I think people are misreading your original post to mean she never had PR and in that case, it would be vital for her to be dependent on you. Paul will sort you out!

[Tracey Small]

Hi just wanted to update this thread. I applied for mine and my 2 daughters RRV on November 9th and we just had them granted! I was so nervous that my eldest daughter would not get hers granted as she is 19 and no longer financially dependant on me as she deferred university. 

Thank you again for all the advice it helped when completing the forms

[Aussiebird]

On 28/11/2019 at 22:19, Tracey Small said:

Hi just wanted to update this thread. I applied for mine and my 2 daughters RRV on November 9th and we just had them granted! I was so nervous that my eldest daughter would not get hers granted as she is 19 and no longer financially dependant on me as she deferred university. 

Thank you again for all the advice it helped when completing the forms

Hi,

Congratulations on the RRV grants.  We had been in a similar situation as you, my husband had a Partner Visa 309/100 granted at the same time in 2011.  Moved to WA in 2012 and back to UK to live in 2014 due to family reasons .  Also have been back twice for visits to see my family, husbands travel part of the visa had expired,  so he entered Australia in 2017 and 2019 on a visitor visa. He was then told he lost his PR status because we have not been living in Australia for 5 years or more and wouldn't be able to get a RRV, so we had to apply again for another Partner Visa, still waiting after 6 months of applying.  Having read your story and success,  I am now curious that we could have applied for a RRV and been sucessful, but there is so much information from people that is either true or untrue and never know who to believe!!  We was told by a senior migration agent my husband would not get an RRV, yet you applied and got one (pleased for you),  so we could have avoided the expense of the cost of another Spouse Visa in the long run.  If it gets refused we will appeal on the grounds of misleading information.  

 

Wishing you happiness for the future back in Australia. 

Xx

 

[Tracey Small]

Sorry to hear you are having such a time of it. We haven't lived in Australia for 6 years when we applied for our RRV. I read that if you are out longer than 10 years then you can't get an RRV and have to apply again. I also was told that I would not have to apply for another partner visa as nothing had changed within my relationship and that I had already been granted it once that an RRV was what I needed to apply for. From what I was told I don't see any reason why your husband wouldn't get granted another partner visa, as he had already held one. I was told not to enter Australia on any other visa as it invalidates your PR, but that I should apply for an RRV when I was going to go back. 

It's hard when you get mixed responses. I hope you get some news soon. 

[paulhand]

1 hour ago, Tracey Small said:

It's hard when you get mixed responses.

It is ... but the interpretation of the law is not always as black or white as we would like to hope it is; this is why the AAT overturns a large percentage of adverse primary decisions that are appealed and why many cases also get overturned at appeal in the Federal Courts. 

[Marisawright]

2 hours ago, Aussiebird said:

Hi,

Congratulations on the RRV grants.  We had been in a similar situation as you, my husband had a Partner Visa 309/100 granted at the same time in 2011.  Moved to WA in 2012 and back to UK to live in 2014 due to family reasons .  Also have been back twice for visits to see my family, husbands travel part of the visa had expired,  so he entered Australia in 2017 and 2019 on a visitor visa. He was then told he lost his PR status because we have not been living in Australia for 5 years or more and wouldn't be able to get a RRV, so we had to apply again for another Partner Visa, still waiting after 6 months of applying.  Having read your story and success,  I am now curious that we could have applied for a RRV and been sucessful, but there is so much information from people that is either true or untrue and never know who to believe!!  We was told by a senior migration agent my husband would not get an RRV, yet you applied and got one (pleased for you),  so we could have avoided the expense of the cost of another Spouse Visa in the long run.  If it gets refused we will appeal on the grounds of misleading information.  

 

I recall your earlier thread when you were considering what to do, and I do recall that everyone here advised you to try for a RRV first, before going down the route for a whole new visa. What a pity a migration agent knocked that on the head. 

I doubt the spouse visa will get refused,but if it did, you wouldn't have grounds for appeal because of the wrong advice on the RRV.  It's a different visa.