Jump to content
gabbycat

Expired PR Visa

Recommended Posts

We are natural British citizens.We had permanent residency visas for Australia granted when we lived there between April 2012 and April 2014. We returned  to the UK in 2014 and due to circumstance are still here. We do not need to work to fund our lives. Where do we stand on visas for returning to live in Australia? Our children have both now turned 18, where do they stand. 

  • Like 1

Share this post


Link to post
Share on other sites
48 minutes ago, gabbycat said:

We are natural British citizens.We had permanent residency visas for Australia granted when we lived there between April 2012 and April 2014. We returned  to the UK in 2014 and due to circumstance are still here. We do not need to work to fund our lives. Where do we stand on visas for returning to live in Australia? Our children have both now turned 18, where do they stand. 

If you have retained "substantial ties" to Australia, which are "of benefit to Australia", then you may be eligible for a Resident Return Visa. This would reinstate your permanent resident status. Depending on when your visas expired, you may also need to demonstrate "compelling reasons" for your absence from Australia. If the kids are no longer dependent on you, they will each need to demonstrate their own substantial ties to be eligible.


____________________________________________________________________

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. 

Share this post


Link to post
Share on other sites
6 hours ago, gabbycat said:

We are natural British citizens.We had permanent residency visas for Australia granted when we lived there between April 2012 and April 2014. We returned  to the UK in 2014 and due to circumstance are still here. We do not need to work to fund our lives. Where do we stand on visas for returning to live in Australia? Our children have both now turned 18, where do they stand. 

As Paul said, if you once held a PR visa, you can apply for a Resident Return Visa. However as you haven't lived in Australia at all in the last 5 years, I wouldn't be hopeful.  You need to show ties to Australia (e.g. you kept a home here, or you have family living here, or even a job offer can be enough sometimes).   

Otherwise, it's a case of applying for a new visa.   If you're not planning to work, then employer-sponsored visas are no use, nor is the 491 visa (which requires you to work in a regional area for a probationary period).  So your only option is to apply for a 189 or 190 visa all over again.  Though you have to qualify under an occupation, there's no obligation to work once you've arrived in Australia. 

To be included in your application if they are over 18, your children must be dependent on you when the visa is granted.  Unless they are unable to work for health reasons, that means they must stay in full-time education until the visa is granted.  They can't go out into the workforce and then move back in when you're ready to apply.  So if they're already working, then it's too late.  If they don't qualify as dependent, there is no type of visa for adult children wishing to join their parents in Oz. 

If you are wealthy enough, one option is to bring them on Student Visas to do a university degree, but that will mean paying full international fees. At the end of the degree, they can get a graduate visa which allows them to stay and gain enough experience to qualify for a skilled visa in their own right (assuming they've chosen a profession which is eligible).


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

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

×