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Darren_213

Migrant Return Visa

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Hi all,

I’m a former permanent resident of Australia. I was never told about the travel limit on my PR visa (5 years out of country), so I accidentally overextended it.

My understanding is that I need to apply for a Migrant Return Visa. After several consultations with migration agents, I understand my chances of success are not good, as my reasons for being out of country for so long are not sufficiently compelling.

Can anyone advise me on optimizing my application?

I would like to restore my permanent residency, as I really don’t want to start from scratch.

Moving back to Australia has long been a dream of mine.

Any advice would be appreciated.

 

Thank you

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You wouldn't be the first PR holder who thought "permanent" literally meant permanent.    

What you need is a Resident Return Visa (RRV).   If you've gone over your 5 years, then you need to prove "strong ties with Australia, of benefit to Australia".   That's the most important thing.  If you have no ties, then it doesn't matter whether your reasons for absence were compelling or not.

If agents are telling you that your chances aren't good, then I wouldn't get my hopes up, but all you can do is try.  A job offer would be a tie of benefit - any chance of that?


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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5 hours ago, Marisawright said:

What you need is a Resident Return Visa (RRV). 

Yes, as you have been advised elsewhere. 

5 hours ago, Marisawright said:

If you've gone over your 5 years, then you need to prove "strong ties with Australia, of benefit to Australia".   

Actually, you need to demonstrate the substantial ties of benefit if you do not meet the 2 year residence requirement. If you have also been absent for more than 5 years then you need to demonstrate ‘compelling reasons’ for that absence as well. As you say, the ties are the first test and if you don’t meet that then all the compelling reasons in the world will not help. 

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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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@MarisawrightI am definitely looking into having a job lined up in Australia before lodging an application.

@Marisawright and @paulhand(and anyone else reading this, for that matter) - Do you have any further insight as to I could succeed in my Migrant Return Visa application?

As I'm sure you're aware, the three main questions are:

  • If the applicant has substantial business, cultural, employment or personal ties with Australia, give details of these ties and how they are of benefit to Australia or indicate that the applicant has no substantial ties
  • Provide the reason why the applicant last departed Australia
  • If the applicant had compelling reasons for this absence, give details or indicate the applicant had no compelling reasons

What would successful answers to these questions look like?

The first one re: ties is giving me the most trouble. What would be considered substantial ties that would qualify me for a RRV?

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That's the reason it's so tough, if you just left and didn't think about returning.   

Best bet would be to book a one-off consultation with Paul to go into your situation thoroughly and see if he can come up with some ideas.  


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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1 hour ago, Darren_213 said:

@MarisawrightI am definitely looking into having a job lined up in Australia before lodging an application.

@Marisawright and @paulhand(and anyone else reading this, for that matter) - Do you have any further insight as to I could succeed in my Migrant Return Visa application?

As I'm sure you're aware, the three main questions are:

  • If the applicant has substantial business, cultural, employment or personal ties with Australia, give details of these ties and how they are of benefit to Australia or indicate that the applicant has no substantial ties
  • Provide the reason why the applicant last departed Australia
  • If the applicant had compelling reasons for this absence, give details or indicate the applicant had no compelling reasons

What would successful answers to these questions look like?

The first one re: ties is giving me the most trouble. What would be considered substantial ties that would qualify me for a RRV?

What are your answers to these questions? It is not a matter of asking others to make up the most compelling answers they can think of.


Buy a man eat fish. The Day, Teach Man, to lifetime.      - Joe Biden.

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@Parley 

I’m unsure how much detail to share, as I don’t know if Australian Immigration officials use these forums, and I don’t know if it would be to my advantage to share my case in a place where they could see.

Do you think it is safe to do so?

Edited by Darren_213

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10 minutes ago, Darren_213 said:

@Parley 

I’m unsure how much detail to share, as I don’t know if Australian Immigration officials use these forums, and I don’t know if it would be to my advantage to share my case in a place where they could see.

Do you think it is safe to do so?

I would have thought it is safe. I'm sure they have real work to do not trawling through forums. 

They don't know your real name do they. So how can they link it to you.


Buy a man eat fish. The Day, Teach Man, to lifetime.      - Joe Biden.

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9 minutes ago, Parley said:

I would have thought it is safe. I'm sure they have real work to do not trawling through forums. 

They don't know your real name do they. So how can they link it to you.

They could if they really wanted to.  

I would say the OP has nothing to fear if he's got a genuine case for a RRV.  i suspect the problem is that when he left Australia, he cut all ties because he didn't expect to return.  


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, Darren_213 said:

@Parley 

I’m unsure how much detail to share, as I don’t know if Australian Immigration officials use these forums, and I don’t know if it would be to my advantage to share my case in a place where they could see.

Do you think it is safe to do so?

I think it can be presumed that as it is a public forum immigration can see it and it has been mentioned here before that they do look at forums such as these.

Honestly give Paul who posted above a ring, pay a small consultation fee and get it right.

good luck, I didn’t realise the travel part of the visa expired either, so you aren’t alone. Just dumb luck I didn’t travel and get stuck.🤷🏻‍♀️

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On 12/11/2021 at 12:22, Darren_213 said:

I was never told about the travel limit on my PR visa

I wouldn’t use this when you’re making your case. It is written in your grant notification letter so I doubt you will get any sympathy. 

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On 25/11/2021 at 20:46, Marisawright said:

 I would say the OP has nothing to fear if he's got a genuine case for a RRV.  i suspect the problem is that when he left Australia, he cut all ties because he didn't expect to return.  

It’s not that. I actually did expect to return.

When I went to the US, I had a slew of family problems that kept me from returning to Australia.

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Regarding the ties question; would a job offer within Australia be considered a substantial tie to Australia?

If I can get such a job offer, should I wait until I have that offer before applying so I can include the job offer in my application?

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29 minutes ago, Darren_213 said:

Regarding the ties question; would a job offer within Australia be considered a substantial tie to Australia?

If I can get such a job offer, should I wait until I have that offer before applying so I can include the job offer in my application?

Yes, a job offer can count towards it.  Obviously, there's no point in applying for the RRV and saying, "I hope I'll get a job offer", they're just going to throw out your application.  So, job offer first.  

However, I think you've got no hope of succeeding unless you hire an agent to do the application for you, so your first step should be to hire an agent.   They may be able to offer you some ideas which they wouldn't share on a public forum.


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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28 minutes ago, Marisawright said:

However, I think you've got no hope of succeeding unless you hire an agent to do the application for you, so your first step should be to hire an agent.   They may be able to offer you some ideas which they wouldn't share on a public forum.

I actually had a consult with a migration agent, who advised that I do it myself, due to the relatively low cost of application, and the fact that I can apply as many times as I want.

However, I will consider hiring a migration agent, based on your recommendation.

Another question: Is there any way to attach supporting documents to my application via Immi? I haven’t been able to find any place to upload anything.

Edited by Darren_213

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5 hours ago, Darren_213 said:

Another question: Is there any way to attach supporting documents to my application via Immi? I haven’t been able to find any place to upload anything.

Then you haven’t got to the end of the application. An RRV application allows you to upload ‘recommended’ documents before you submit it. You can upload additional ones after submitting. 


____________________________________________________________________

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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