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Joanne Donnelly

Resident Return Visa

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Hi

I have just returned to the UK.  Although I am not planning on returning to Oz anytime soon and with the pandemic who knows if I could anyway! 

I like to understand the options available... I am a prem resident and my RRV travel facility part of visa expired in August 2020 just as we landed in UK. 

So as far as I gather, to return to OZ ever we would need to apply for a RRV and you have to fit into certain eligibility criteria.  For us we would have been living in oz for the total of 36 months in the last 5 years.  I say months as this has been split. We arrived and lived for 20 months then went travelling for a while (overseas) and then returned again for 16 months. 

It states that you must have been in Oz for 2 years out of 5 years so I gather we would be eligible for the visa.

My question is, when do you need to apply for it or how long can you leave it to apply?  

If I apply now I have the criteria but if I leave it for a year will it not apply any longer?

Any advice would be great!

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The criteria for automatic grant of a 5 year RRV  is 2 out of the preceding 5 years at the point of application.  So yes if you leave it too long  this may be an issue.  You should be able to work out when this will no longer be the case. That is total time spent in Aus it doesn’t have to be continuous.

To add if you do not meet that criteria you may still get a 1 year RRV if you can prove close ties that are of benefit to Australia.  Once you have been out of Aus for 5 years then it gets more complicated again.
 

Oh and rules can and do change......


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

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13 hours ago, Joanne Donnelly said:

I have just returned to the UK. ... I am a prem resident and my RRV travel facility part of visa expired in August 2020 just as we landed in UK. 

So as far as I gather, to return to OZ ever we would need to apply for a RRV and you have to fit into certain eligibility criteria.  For us we would have been living in oz for the total of 36 months in the last 5 years.  I say months as this has been split. We arrived and lived for 20 months then went travelling for a while (overseas) and then returned again for 16 months. 

As Rammygirl says, it's not 2 years out of the 5 years, calculated on the day your first RRV expires.  It's 2 years out of the last 5 years, calculated on the date you apply for your new RRV.

So if you apply for a RRV now (October 2020), you would count all the months you lived in Oz between November 2015 and October 2020.  If that adds up to 2 years, it will be granted.  

However if you apply in October 2022, you can only count the months between November 2017 and October 2022 - and if that means you have less than 2 years, you're in trouble. To get a RRV, you will have to prove you have strong ties to Australia.   If you don't own a home in Australia, you closed your Aussie bank accounts, and have no family there, it's not going to be easy to prove you have a strong connection to the country!  

In practice, I've noticed that people have been able to get their RRV approved with something as basic as a job offer, so I'd say they are more lenient than the wording suggests.  However, the longer you leave it, the less likely they are to be sympathetic. It's the reason we always say, if you can hang out long enough to get citizenship, do it.


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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18 hours ago, Joanne Donnelly said:

Hi

I have just returned to the UK.  Although I am not planning on returning to Oz anytime soon and with the pandemic who knows if I could anyway! 

I like to understand the options available... I am a prem resident and my RRV travel facility part of visa expired in August 2020 just as we landed in UK. 

So as far as I gather, to return to OZ ever we would need to apply for a RRV and you have to fit into certain eligibility criteria.  For us we would have been living in oz for the total of 36 months in the last 5 years.  I say months as this has been split. We arrived and lived for 20 months then went travelling for a while (overseas) and then returned again for 16 months. 

It states that you must have been in Oz for 2 years out of 5 years so I gather we would be eligible for the visa.

My question is, when do you need to apply for it or how long can you leave it to apply?  

If I apply now I have the criteria but if I leave it for a year will it not apply any longer?

Any advice would be great!

To add to the comments above, which are good advice:

As your current RRV has expired, and you are offshore, you are no longer ‘a permanent resident’ - you need a new RRV to regain that status. If you meet the 2 in 5 year criteria, I would apply now. The RRV will be valid for 5 years, so you will have time to return and one less thing to worry about. 

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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 everyone for the information, its great to get clarification! And it is an interesting point that a job offer could secure a return and the rules do change!

I agree that applying now is one less thing to think about but with the pandemic etc and the fact that I have literally just returned I feel that waiting until the last available opportunity to apply would probably suit me best and then it would be 5 years from that date so gives more time effectively? 

I am unsure if returning to Oz will be on the cards but you never know, and if I did it would likely be for a period of time just to enjoy life there for a while rather than a full move with all your stuff etc... Its a shame to have not gotten citizenship but 36 months that is spilt time would not have been applicable and then there is the wait until 4 full years and then the application time. As its been mentioned alot on the forums if you are wanting to return home delaying and waiting can make it more and more complicated overall and more upheavel. 

Right now I am trying to settle in and all the tribulations that comes with that, I am glad I have my UK bank accounts here and my credit score is good.  I have used family as an address for the last 4 years so that helps and I am moving back into my own flat that I have rented out.  Otherwise, work is difficult the weather is now rubbish and Brexit is rearing its ugly head along with the pandemic so its challenging times.  I miss Oz for the sunny skies etc but I am aware that I need more time to really settle in here and then see 🙂

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4 minutes ago, Joanne Donnelly said:

I feel that waiting until the last available opportunity to apply would probably suit me best and then it would be 5 years from that date so gives more time effectively? 

It does, under current legislation, but:

- legislation changes

- you need to be sure you’ve done your date maths correctly. 
 

Other than the, not huge, expense there is nothing to stop you getting one now and then applying again at the ‘last minute’ to roll it forward. In my view, it’s always better to hold a visa if you have that possibility... it keeps options on the table. 

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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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1 minute ago, Joanne Donnelly said:

Thanks Paul, interesting apply now and roll it forward what do you mean?

Give me a call - details in my signature.


____________________________________________________________________

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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It is currently $405 (so about £210) to apply for an RRV, based on your recounting of the dates you were in AUS it should be a straightforward "computer" acceptance of the new RRV in a matter of a couple of days. This then "kicks the can down the road" for at least 5 years in terms of deciding if you want to return.

Given the cost of visas is as high as they are it seems frivolous to let one lapse for the sake of just 200 quid

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8 hours ago, Joanne Donnelly said:

Thanks Paul, interesting apply now and roll it forward what do you mean?

Yes, apply now while you are sure you qualify.  Because it's so soon after expiry, you'll probably get a 5 year RRV.  Wait a while and you might only get a one year RRV and not much hope of renewal.


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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