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155 rrv


Googy egg

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Hi hoping I can get some answers my partner just applied for the 155 rrv and due to covid and travel restrictions was 2 months short of the 2/5 rule. He has been given 1 year. Does anyone know what happens after the 1 year is up If he doesn’t go back in that time? Will he be able to apply for another one year as he would have still been in the country at some point in the 5 year period? Or does he have to return for a certain amount of time during the additional 1 year time frame to apply for another rrv?

thanks! 

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It depends.  Personally, I would not risk it. 

If you don't meet the residency requirement (2 years out of 5), you have no right to get a RRV.  It becomes entirely at the discretion of the Immigration officer whether they decide to give you one or not.   You have to prove 'strong ties to Australia'.  If you don't have strong ties to the country, tough, you won't get one, no matter how good your reasons for absence were.  In your partner's case, being only 2 months short and with Covid as a very good excuse, they were lenient.

If he moves to Australia within the one year, sets up home (gets a lease or buys a house, opens a bank account etc) then he can apply for another RRV as soon as he's got all that done.  By contrast, if he doesn't move to Australia, then his ties to the country are getting weaker by every day he fails to make the move. 

Having said all that, having an Australian partner counts towards "strong ties", so that's a point in his favour.

Edited by Marisawright
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Thanks for your reply. We’ve already got the bank accounts but obviously not living in Aus at the moment. I just can’t see us being able to move back in the near future as there has been a passing in my partners family recently and we can’t leave his mum on her own here in UK. He has been given until July 2023 on the Rrv and am wondering if we go back close to that expiring date will he be granted a new one straight away once we go back? My only other thought would be we let it expire then have to start the whole partner visa application again? 

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