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Tracey Small

Applying for RRV from outside Australia

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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

 

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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.

 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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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.

 

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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 

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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.

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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. 

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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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. 

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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. 

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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.

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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 by paulhand

____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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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 by Tracey Small
Typo

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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. 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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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. 

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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.  

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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!

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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 

  

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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 by Tracey Small

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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


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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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 🙈

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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!


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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