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vics1987

Help please! Where to start??

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Hi Everyone.

I was wondering if anyone can offer any advice or guidance as I am feeling totally stuck at the moment and not sure where to begin.

Myself, my partner and our 3 year old son are desperate to relocate to Australia to be with my family, My mother, sister, brother in-law and niece's whom are all permanent residents. 

I have previously lived in Australia and held a permanent resident visa, but after spending a period of time out of the country this visa is no more. I have been advise that I am able to apply for this again on the basis that I have family ties?

My partner was refused a visitor visa a few years back due to past convictions, we lodged the application ourselves via the immi account, after we spoke with an agent who advised us to try again after some time has past as there would be a refusal mark on his file.

We were thinking of applying again for a visitor visa and then If that is approved go out on holiday and then when we are back look at the next steps visa wise for relocating on a permanent basis? 

I have no idea if this is the best way forward or what to do for the best, ideally we wanted to be living in oz within the next few years and I know that the last visa we applied for him took 16 months to say no?

We are willing to do whatever it takes to be with my family and so any helpful advise or pointers would be really appreciated? 

Thanks so much 

Vicki xx

 

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Posted (edited)

If you held PR, then you can apply for a Resident Return Visa. However I advise you to hire an agent to prepare your application because it’s difficult if you’ve been out of the country for a long time, so you need a professional to make sure you get it right.

Once you’ve got the RRV, then you can work on getting a visa for your partner 

Edited by Marisawright
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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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3 hours ago, Marisawright said:

If you held PR, then you can apply for a Resident Return Visa. However I advise you to hire an agent to prepare your application because it’s difficult if you’ve been out of the country for a long time, so you need a professional to make sure you get it right.

Once you’ve got the RRV, then you can work on getting a visa for your partner 

This is absolutely the best way to start looking at this ... 

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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. Any comments relate to legislation and policy at date of post. 

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Thank you both for replying. 

Do you think it’s worth applying for a visitor visa alongside this as we do wish to go for visit prior to the move? 
 

Also once the Rrv is granted do I have a time frame in which I need to enter Australia and do I have to stay a period of time to get this extended. 
 

I’m just wondering if we are going to have to spend time apart (me being in Australia and him in England whilst we try to sort out his visa) or is this something that can be done from this side first? 
 
Thanks again 😀

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If you only get granted a 1 year RRV - you will have to meet the criteria to apply for another RRV

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I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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Posted (edited)
7 hours ago, vics1987 said:

Do you think it’s worth applying for a visitor visa alongside this as we do wish to go for visit prior to the move? 

Also once the Rrv is granted do I have a time frame in which I need to enter Australia and do I have to stay a period of time to get this extended. 

I’m just wondering if we are going to have to spend time apart (me being in Australia and him in England whilst we try to sort out his visa) or is this something that can be done from this side first? 
 

Once the RRV is granted, you will have a year to move to Australia AND settle permanently (i.e. rent or buy a house, get a job, open bank accounts etc). .  You can't just stay for a while and then leave again, as you'll lose any chance of being able to extend.  

It is possible that your partner could travel with you on a visitor visa, then apply in Australia for his partner visa.  Then he'd be allowed to stay while his application is considered. However you need expert advice on how to handle that, I wouldn't risk DIY.

There's nothing to stop you having a holiday in Australia while the RRV is being considered, but Australia won't be opening the borders to holidaymakers until July next year at the earliest. Besides, you are going to need every penny when you finally make the move, so I would not be spending money on a holiday.

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

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@Marisawrightthank you that’s really helpful. I’m starting to see a direction to head in now. 🙂
I know they are not accepting visitors yet but do you know if they are even  looking at applications... as I was thinking to apply for his subclass 600 in October with a view it will take 12 months ish as it will be referred to vaccu again no doubt and last time it took 16months. 
we would like a visit first as he has not been yet been and although I have sold it to him I think he would like to visit first. We have a lot saved and we will be staying with family on the trip anyway so not too costly. 

Also another question... if I were to have 12 month rrv and in that time his visor had not been approved do I have to reapply or can I have it extended?  Xx

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Posted (edited)

You only get one shot at the RRV  and you have to use it or lose it.

I’ve reached the limit of the advice I can give you. You really need to talk to an agent like Westly Russell above. A good agent will give you an initial free consultation 

Edited by Marisawright
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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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6 hours ago, vics1987 said:

Also another question... if I were to have 12 month rrv and in that time his visor had not been approved do I have to reapply or can I have it extended?

You will need to re-apply ... 


____________________________________________________________________

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. Any comments relate to legislation and policy at date of post. 

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6 hours ago, vics1987 said:

I know they are not accepting visitors yet but do you know if they are even  looking at applications...

They are only 'looking at' applications for people who would be allowed to travel to Australia ... you have a number of chicken/egg issues and as previously advised, you'd be best to get some professional assistance.

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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. Any comments relate to legislation and policy at date of post. 

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@wrussellhi there, having read my thread do you feel you are able to offer any further advise or assistance on how best to move forward? Do you have a high success rate with refusals or applicants with past convictions?

Many Thanks 

Vicki 

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So far 100% positive outcomes, although I have not managed such a case since the latest draconian Directions were issued. If you want me to have a look at your case, please go to my website pinoyau.com and use the contact form.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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