Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members

..and much much more!

Soffy999

Permanent Resident - can I get a RRV if I haven't migrated yet?

Recommended Posts

I have a partner visa subclass 100.  Granted in 2015 and I activated it in 2016.  We're still living in the UK but planning the move to Coffs Harbour later this year.  I'm a UK citizen.

Husband is Australian from Adelaide but he has lived with me in the UK for the past 10 years and we have a 5 year old son who holds an Australian passport as well as a UK passport.  Husband now has a UK passport also.

The "must not arrive after" date for me is 6 August 2020.

Because of all the current Covid-19 upheaval, our migration plans may be delayed until later in the year.  My question is, could I at this stage in the UK obtain a Returning Resident Visa?  I wondered if in that way it could effectively extend the 6 August date until later in the year.

We were expecting to get our Australian lives started once we arrived in Coffs and were not expecting to sign up to jobs, houses etc at this stage while still in the UK.  Husband is a refrigeration mechanic so is hoping to get work quickly once landed, I'm a solicitor but not expecting to work as that in Coffs but concentrate on getting our son started in school etc.

We called Australian immigration enquiry number today but didn't really get a clear answer, they just told us to look at the website, so we'll try again tomorrow in any event but I wondered if anyone here could shed some light.

Share this post


Link to post
Share on other sites

If circumstances were normal, I’d say no. However you only have to look around the forums to see that thousands of new migrants must be affected by the travel ban, so they will have to make a policy decision to determine what happens to those who can’t activate in time


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

Share this post


Link to post
Share on other sites

I think you would have a good case for an RRV.  You are married to an Australian citizen and have an Australian citizen child.  Showing your intention to return and any other links, family, bank accounts etc.  Best to apply sooner rather than later though.


So many wineries ......so little time :yes:

Share this post


Link to post
Share on other sites
Posted (edited)

I believe official advice is to contact Immigration to request an extension, but to wait until close to your activation date before doing so. 

Currently, there is nothing to stop you moving or visiting before your "arrive by" date (see the wording below from the website).  The government issued a warning that all Australian citizens should return home some time ago, before flight numbers were cut back.   So that becomes a problem for the RRV because you can't claim you weren't warned and you can't claim  you were unable to fulfil your obligation.    The reality is, of course, that it's difficult to get flights and you are undersandably reluctant to risk flying in the middle of all this.  I have no idea whether Immigration will see those as good enough reasons not to make the move. All you can really do is cross your fingers

Partner (subclasses 100, 309, 801, 820) and Child (subclasses 101, 102, 445) visa holders can come to Australia. You do not need to request an exemption.

 

 

Edited by Marisawright

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

Share this post


Link to post
Share on other sites

He had activated his visa in 2016. Just the 5 year travel but will expire in August. He should apply for an RRV giving the strong ties and reasons for not being able to move.


So many wineries ......so little time :yes:

Share this post


Link to post
Share on other sites
2 hours ago, wrussell said:

You should be able to change your IED.

That's what I thought.  Go for that before you try for a RRV.   


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

Share this post


Link to post
Share on other sites

Am I reading this wrong. The OP has made initial entry so changing IED is irrelevant. (If that means initial entry date).  He is more concerned with no being able to migrate within the 5 year deadline which ends in August this year. Surely an RRV is therefore what is required, unless you think they will extend the must not arrive after date. 

  • Like 1

So many wineries ......so little time :yes:

Share this post


Link to post
Share on other sites
28 minutes ago, rammygirl said:

Am I reading this wrong. The OP has made initial entry so changing IED is irrelevant. (If that means initial entry date).  He is more concerned with no being able to migrate within the 5 year deadline which ends in August this year. Surely an RRV is therefore what is required, unless you think they will extend the must not arrive after date. 

However, although they activated, they have never ever lived in Australia - so they're missing the residential requirement by 100%.  That makes a very weak case for a RRV.  If WRussell is suggesting they'd be best to get an extension on their IED then that's what I'd go for.


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

Share this post


Link to post
Share on other sites

But they have already made their Initial Entry so how would extending that help? I would have thought the citizenship of his wife and child would help with strong ties. 

  • Like 1

So many wineries ......so little time :yes:

Share this post


Link to post
Share on other sites
10 hours ago, Marisawright said:

However, although they activated, they have never ever lived in Australia - so they're missing the residential requirement by 100%.  That makes a very weak case for a RRV.  If WRussell is suggesting they'd be best to get an extension on their IED then that's what I'd go for.

One cannot get an extension on an initial entry date when one entered on that visain 2016!!

  • Like 1

Share this post


Link to post
Share on other sites
Posted (edited)
On 01/04/2020 at 03:36, rammygirl said:

But they have already made their Initial Entry so how would extending that help? I would have thought the citizenship of his wife and child would help with strong ties. 

I agree and the "must not arrive after" is not the initial entry date, it's the expiry date of the 100 visa. I would be applying for an RRV soon. If the OP wants to get in touch I can explain how this works.

Edited by paulhand
  • Like 2

____________________________________________________________________

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. 

Share this post


Link to post
Share on other sites

Thanks everyone.  That's right, I activated the visa in 2016 when we visited Adelaide to see the in laws, so it's the expiry date of the 100 visa that I am concerned about.  

We have now come to the same conclusion that I'll apply for an RRV straight away, and mention in my statement my Australian husband and child, and the plans that we have made to migrate that are going to be slightly postponed to later this year due to Covid-19 affecting my work situation.

 

Thanks all!  Very helpful as always!!

  • Like 1

Share this post


Link to post
Share on other sites

I read only the part when the OP claimed not o have migrated, but this was not so and eliminates IED.

  • Like 1

Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

Share this post


Link to post
Share on other sites

Just to follow up - I submitted the application for an RRV on 6 April 2020 and have this morning received the letter confirming that it has been granted.  Phew.

My "must not arrive after" date is now 14 April 2021.

Thanks again for everyone's help.

  • Like 2

Share this post


Link to post
Share on other sites

That was pretty quick


So many wineries ......so little time :yes:

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×