RRV an option after WHV?

[mandymark]

Long story but basically my husband (as a family of 4 with wife and 2 sons) applied for a 176 SS PR visa in 2009 prior to leaving the RAF in 2010.  This unfortunately took 2.5 years to be granted and for various reasons we were not able to make the move within the 5 years from 2011-2016.

In 2018, with both sons settled into university in the UK, myself and husband applied for an RRV which was refused.

In October 2022, after graduating with a maths degree, our 23 year old son applied for a WHV subclass 417 which was granted literally within seconds.  He arrived in Australia on 9th December 2022 and now has a 6 month contract job offer.  He applied for the WHV at the time as it was the quickest processing time but as he's reaching the end of his first year WHV and with the job offer he is wondering whether he can apply for an RRV instead (incidentally he has also completed enough farm work to qualify for a 2nd year WHV).  Obviously at the time of our PR visa grant he was still a child and not able to move to Australia on his own.

So my question is, can our son apply for an RRV now even though he's held a WHV since the PR visa?  For further info we did all visit Australia together within a year of the visa grant and our son visited again in 2016. He has Grandparents who we are all close to, are Australian citizens and have lived in Qld since 1993. 

Would be grateful for confirmation of this please without questionning why we didn't make the move when we had chance etc etc.  Many thanks.

 

[Nemesis]

2 hours ago, mandymark said:

Long story but basically my husband (as a family of 4 with wife and 2 sons) applied for a 176 SS PR visa in 2009 prior to leaving the RAF in 2010.  This unfortunately took 2.5 years to be granted and for various reasons we were not able to make the move within the 5 years from 2011-2016.

In 2018, with both sons settled into university in the UK, myself and husband applied for an RRV which was refused.

In October 2022, after graduating with a maths degree, our 23 year old son applied for a WHV subclass 417 which was granted literally within seconds.  He arrived in Australia on 9th December 2022 and now has a 6 month contract job offer.  He applied for the WHV at the time as it was the quickest processing time but as he's reaching the end of his first year WHV and with the job offer he is wondering whether he can apply for an RRV instead (incidentally he has also completed enough farm work to qualify for a 2nd year WHV).  Obviously at the time of our PR visa grant he was still a child and not able to move to Australia on his own.

So my question is, can our son apply for an RRV now even though he's held a WHV since the PR visa?  For further info we did all visit Australia together within a year of the visa grant and our son visited again in 2016. He has Grandparents who we are all close to, are Australian citizens and have lived in Qld since 1993. 

Would be grateful for confirmation of this please without questionning why we didn't make the move when we had chance etc etc.  Many thanks.

 

I would say that personally I don't think he stands any chance of a RRV, but maybe consult a registered agent like Paul Hand (who posts on here) in case there is a slim hope.

Your husband - the main applicant - has already been refused a RRV, the original 176 was granted over 11 years ago and none of you ever made a permanent move, plus your son has held a WHV since - none of which sounds promising. But I'd love to be proved wrong, and TTVs can throw up surprises sometimes, so I'd get a professional opinion before abandoning it altogether. 

[paulhand]

It’s $465 to apply and unless he does, he’ll never know. It might be a long shot, but if his job offer is solid (and can be made more permanent) then I would certainly give it a shot. Compelling circumstances may be explainable as he was a minor, but quite a lot of time has passed since then. 

[mandymark]

Thanks very much both.  He is going to give it a try.

[paulhand]

I’d recommend getting some professional help with this to ensure that you address all the requirements. 

[Parley]

Can you even get a resident return visa when you were never a resident in the first place?

Sounds unlikely to me.

[Toots]

1 hour ago, Parley said:

Can you even get a resident return visa when you were never a resident in the first place?

Sounds unlikely to me.

It does seem very unlikely but the whole immigration system works in very mysterious ways so who knows, he may by lucky.

[paulhand]

2 hours ago, Parley said:

Can you even get a resident return visa when you were never a resident in the first place?

Sounds unlikely to me.

In this context:

Australian Permanent Resident = holder of a permanent visa

[Toots]

30 minutes ago, paulhand said:

In this context:

Australian Permanent Resident = holder of a permanent visa

The OP's application for an RRV was refused.  With a bit of luck the son will be fine? 

[paulhand]

2 hours ago, Toots said:

The OP's application for an RRV was refused.  With a bit of luck the son will be fine? 

Ok … in this context:

Former Australian Permanent Resident = former holder of a permanent visa. 

[Ken]

3 hours ago, Toots said:

The OP's application for an RRV was refused.  With a bit of luck the son will be fine? 

The difference is the OP had insufficient ties to Australia to be eligible for an RRV. The son on the other hand has a job offer. It might not be enough, but he's definitely got stronger ties to Australia than the OP ever had.

[mandymark]

6 minutes ago, Ken said:

The difference is the OP had insufficient ties to Australia to be eligible for an RRV. The son on the other hand has a job offer. It might not be enough, but he's definitely got stronger ties to Australia than the OP ever had.

With respect, this is one of the things that I find quite difficult to accept about the whole system.  We are very close to my husband's mum and stepdad who have lived in Australia since 1993.  They are Australian citizens and we are in contact every day.  One of the reasons we weren't able to make the move was due to both of my parents becoming ill and unfortunately both are no longer with us and my mother-in-law is the closest 'parent' I have.  

I know a couple of people who have gained PR through moving out to Australia and marrying a citizen.  Neither of those marriages lasted yet they are able to stay in Australia.

How can your own parent not be classed as a stronger tie and taken into account in this respect?  

[Nemesis]

4 hours ago, mandymark said:

With respect, this is one of the things that I find quite difficult to accept about the whole system.  We are very close to my husband's mum and stepdad who have lived in Australia since 1993.  They are Australian citizens and we are in contact every day.  One of the reasons we weren't able to make the move was due to both of my parents becoming ill and unfortunately both are no longer with us and my mother-in-law is the closest 'parent' I have.  

I know a couple of people who have gained PR through moving out to Australia and marrying a citizen.  Neither of those marriages lasted yet they are able to stay in Australia.

How can your own parent not be classed as a stronger tie and taken into account in this respect?  

As one of those who unfortunately fell in love with an Aussie only for the marriage to collapse after several years, it seems like an odd comparison. Expecting to be able to live in the same country as the person to whom you are married,  is a rather different thing from expecting to be able to live in the same country as your parents (once you are no longer dependent of course), especially as your parents emigrated there themselves. In the case of many failed international marriages, by the time they fail there are children involved, the foreign spouse has their entire life based in the new country, all their possessions, their home, their employment - are you suggesting people should stay in a loveless marriage for life or leave the country, abandon their kids etc?

Equally, if every person who emigrates to another country automatically as the right to bring their parents, grandparents, adult children etc along too, then  you can imagine the chaos........

 

(Although personally, looking back, I wish the govt had taken the view that being married to an Aussie gave me no right whatsoever to live there - would've been much happier staying in the UK!!)

[BendigoBoy]

6 hours ago, Nemesis said:

Equally, if every person who emigrates to another country automatically as the right to bring their parents, grandparents, adult children etc along too, then  you can imagine the chaos........

Some might say it's bad enough as it is with the rules as they currently are and the overall drain on the coffers covering Centrelink, Medicare, and other services for those who have coat-tailed over and don't contribute.

[mandymark]

Update which may help anyone else in this position in the future, my son's RRV was granted on 24th January with one year travel facility.

[calNgary]

22 hours ago, mandymark said:

Update which may help anyone else in this position in the future, my son's RRV was granted on 24th January with one year travel facility.

Fantastic and thank you for taking the time to come back to the forum and let us know. 

             Cal x

[JetBlast]

On 15/02/2024 at 21:40, mandymark said:

Update which may help anyone else in this position in the future, my son's RRV was granted on 24th January with one year travel facility.

Thank you for the update. I read the story at the time but didn't have anything to contribute, but it's great to hear how it panned out.