Class 176 visa and family

[Hurstbridge3099]

I came to Australia in 2010 on a Class 176 visa - no longer available now.

My partner and 4 kids came with me and we followed the process of entering the country - registering the visa's etc etc.

My son - then a minor opted to return to the UK to live with his Mother after a short period.

He is now interested in returning to AU after studying and working in the UK.

Most of us have long since become citizens and the 176 visa is long gone.

Question: Could my son apply for a return resident visa (all those original visa's have expired now) on the basis of being granted a visa previously? He's now an adult and has quals and work experience.

Anyone had a similar experience - wont be that unique given the way divorced families operate I'd have thought.

Thanks.

[paulhand]

1 hour ago, Hurstbridge3099 said:

Could my son apply for a return resident visa (all those original visa's have expired now) on the basis of being granted a visa previously? He's now an adult and has quals and work experience.

 

Yes, he can apply. To be granted one, he will need to demonstrate that he has “substantial ties to Australia which are of benefit to Australia” and (depending on circumstances) that he has “compelling reasons” for being away for an extended period. It would be worthwhile, I think, to get some professional advice tailored to his specific circumstances to get a sense of how strong an application would be and the best way to structure it. 

[rammygirl]

Well he certainly has ties to Australia. When was he last in Australia?  
It may be well worth consulting with an agent for advice. Still a cheaper and quicker option than a skilled visa.

 

Paul answered while I was typing. He is an agent who could definitely help you…..

Edited September 25, 2022 by rammygirl

[paulhand]

1 minute ago, rammygirl said:

Well he certainly has ties to Australia

The question will be whether they are “of benefit to Australia”. 

[Marisawright]

3 hours ago, Hurstbridge3099 said:

Anyone had a similar experience - wont be that unique given the way divorced families operate I'd have thought.

Thanks.

It's not that unique.  Unfortunately, it's very common and there are a lot of sons and daughters stuck overseas because they let their visas expire and can't get a RRV or other visa to join their families.   Immigration isn't interested in showing leniency, they apply the rules.

Having said that, your son does have ties to Australia because all his family are citizens.  The question is whether he can show it would be "of benefit to Australia" to give him a RRV.  That might be tricky and I think you need expert help to put the application together.  Paul is a well-recommended agent so I'd suggest getting a quote from him. If you want another quote to compare, try Go Matilda.