RRV for expiring perm resi 100 visa not moved to Oz yet

[bonanza]

Hi its been a long time since I needed PomsinOz but I'd be grateful for help through the confusing world of RRV.

I am British with permanent resident visa granted though defacto partner who is dual brit and Aus citizen. PR was granted June 2019. We have been living in UK since applying for my PR. Entered WA in Feb 2020 to initiate the visa, opened an ANZ bank account looked at property, but went back to UK in March 2020 just ahead of lockdown as  partners' ageing parents in UK and my mum in Uk needed a lot of support in self isolation. Partner has son in Perth (Aus citizen)who is now adult. I have no children of my own so partner and his son are my family.

Didn't manage to get back to Oz until Feb 23 despite a few attempts during lockdown (airline cancelled flights, borders shut in WA). Have been back again last month and are  planning to go back to Perth in March 24.

Have not therefore been able to establish 2 yrs residency in last 5 years (90 days approx). Our intention has always been to move permanently back to Aus but at present we are having to attend to parents issues in Uk (nursing homes, sale of their properties, financial management etc). I am 63 partner is 61.

As my partner is Aus citizen and I have a partner perm visa am I eligible for RRV 157 when travel permit expires in June 2024?

If so, should I apply from Australia when I am there in March 2024? Would I also need to apply for bridging visa at that time before leaving Australia in advance of June 24 travel expiry?

Thanks for any advice on this.

[Marisawright]

Assuming you hold a 100 partner visa and not the 309 (temp) partner visa, then yes, you will be eligible to apply for a RRV.   However, as you don't fulfil the residency requirement, you won't be approved automatically.  It will be at the discretion of the department, which means it will take months to get a decision, and you won't be able to enter Australia between the expiry of your PR and receiving the RRV.  

It won't make any difference whether you apply while in Australia or wait until you get home. 

[bonanza]

Thanks very much for your fast reply. I know this is a 'how long is a piece of string' question but is the application likely to be straightforward  in this scenario or should I re-engage my MA ?

[Marisawright]

9 minutes ago, bonanza said:

Thanks very much for your fast reply. I know this is a 'how long is a piece of string' question but is the application likely to be straightforward  in this scenario or should I re-engage my MA ?

Hmmm, good question.  To get the RRV, you must convince the department that you have 'strong ties to Australia'.     If you don't have strong ties, no excuses for your absence -- no matter how compelling -- will even be considered, and the RRV will be refused.  Having an Australian partner is obviously a strong tie.  Her son is not yours (assuming you didn't adopt him) so I'm not sure he would count. Personally, I think asking your MA to help you with the wording would be a good idea, but the application itself is simple.

[bonanza]

9 minutes ago, Marisawright said:

Hmmm, good question.  To get the RRV, you must convince the department that you have 'strong ties to Australia'.     If you don't have strong ties, no excuses for your absence -- no matter how compelling -- will even be considered, and the RRV will be refused.  Having an Australian partner is obviously a strong tie.  Her son is not yours (assuming you didn't adopt him) so I'm not sure he would count. Personally, I think asking your MA to help you with the wording would be a good idea, but the application itself is simple.

Thanks, just wondering out loud  whether our next trip in March  is a good moment to stay on in WA to establish more ties for a few months rather than leaving at what will be the end of 5 Yr travel term and risk not getting an rrv to come back on. Thanks for your help.

[Marisawright]

27 minutes ago, bonanza said:

Thanks, just wondering out loud  whether our next trip in March  is a good moment to stay on in WA to establish more ties for a few months rather than leaving at what will be the end of 5 Yr travel term and risk not getting an rrv to come back on. Thanks for your help.

What ties would you establish?  I can't think of anything else you could do, other than buying a property.   

BTW you don't have to leave before your PR expires.  You don't need a RRV to remain in Australia -- hundreds of PR holders live in Australia without a RRV.  You also don't need a RRV to leave Australia.  You just need one when you want to re-enter.  Having said that, I would apply for the RRV before your PR expires anyway.

In your case, the worst that can happen is that you'll have to apply for a partner visa all over again.  Expensive and a hassle, but not the end of the world.

[paulhand]

2 hours ago, Marisawright said:

which means it will take months to get a decision

Actually it’s only taking a few days to a week or so for these types of application to be processed at the moment. 
 

The OP should be fine, but it may be worth a short professional consultation to ensure everything is properly understood and the application is properly structured. 

[bonanza]

1 hour ago, Marisawright said:

What ties would you establish?  I can't think of anything else you could do, other than buying a property.   

BTW you don't have to leave before your PR expires.  You don't need a RRV to remain in Australia -- hundreds of PR holders live in Australia without a RRV.  You also don't need a RRV to leave Australia.  You just need one when you want to re-enter.  Having said that, I would apply for the RRV before your PR expires anyway.

In your case, the worst that can happen is that you'll have to apply for a partner visa all over again.  Expensive and a hassle, but not the end of the world.

 

We are back in the UK at the moment having returned 2 weeks ago, but have another trip booked to WA for March. We had been looking to split more of our time between Australia and UK so to spend more time with partner's son in WA as well as UK aging parents in their 80s and 90s. But I only now realise that as a PR not having lived in Australia, we need to hasten our plans to be in WA more permanently from early next year. My 5 year travel permission ends in June.

My partner and I would spend several months in WA during which time we will try to rent a property in advance of buying once UK assets are sold. during this time I could apply for RRV so that partner and I can return to UK periodically to visit our parents. 

Applying for a partner visa all over again would be a drag and an expensive one , but my partner and I have now been living together for 11 years and our lives are much more straightforward than when we did the initial 309 then 100 , plus we know how to do it and have retained all our past and current evidence.

Frustratingly the pandemic delayed us spending more qualifying RRV time in Australia and hastened the isolation and decline of our parents' health here in the UK. While we did not see partner's son for 3 years. I'm sure lots of other people are in similar situations, it's sad.

thanks for your help.

[bonanza]

38 minutes ago, paulhand said:

Actually it’s only taking a few days to a week or so for these types of application to be processed at the moment. 
 

The OP should be fine, but it may be worth a short professional consultation to ensure everything is properly understood and the application is properly structured. 

Thanks for heads up on timescales, I think I need some help with getting all the ducks in a row both on 1. the application structure / content and 2. guidance so that my partner and I can optimise our next steps to get a successful RRV outcome.

[InnerVoice]

38 minutes ago, bonanza said:

We are back in the UK at the moment having returned 2 weeks ago, but have another trip booked to WA for March. We had been looking to split more of our time between Australia and UK so to spend more time with partner's son in WA as well as UK aging parents in their 80s and 90s. But I only now realise that as a PR not having lived in Australia, we need to hasten our plans to be in WA more permanently from early next year. My 5 year travel permission ends in June.

My partner and I would spend several months in WA during which time we will try to rent a property in advance of buying once UK assets are sold. during this time I could apply for RRV so that partner and I can return to UK periodically to visit our parents. 

Applying for a partner visa all over again would be a drag and an expensive one , but my partner and I have now been living together for 11 years and our lives are much more straightforward than when we did the initial 309 then 100 , plus we know how to do it and have retained all our past and current evidence.

Frustratingly the pandemic delayed us spending more qualifying RRV time in Australia and hastened the isolation and decline of our parents' health here in the UK. While we did not see partner's son for 3 years. I'm sure lots of other people are in similar situations, it's sad.

thanks for your help.

Hi, you don't need to be in Australia to apply for a RRV - you can do it just as easily from the UK. Making additional trips here isn't really going to make any difference to the strength of your ties with Australia unless, as Marisa said, you bought a property while you were here. You have an Australian partner, so that in itself is usually a strong enough tie to Australia for an RRV to be granted. Bear in mind that an RRV is what it says it is - a visa for permanent residents to return to live in Australia. The expectation will be that when you apply for it you have some solid planning to return to live in Australia permanently, rather than continue to live in another country. You'd be wise to consult an RMA, but in terms of obtaining an RRV you should be fine.

An important consideration is that because you don't meet the residency requirement, then you will only be granted an RRV for one year. If you're going to want to visit the UK after you've returned to Australia, you're going to need to reapply for an RRV every year until you've met the two-year residency requirement (when you will more than likely be granted a 5-year RRV).

If I was in your situation I would leave applying for your RRV as close as possible to June 2024, and then make your permanent move back to Australia within a year from when the visa is granted.

Edited December 12, 2023 by InnerVoice

[bonanza]

6 minutes ago, InnerVoice said:

Hi, you don't need to be in Australia to apply for a RRV - you can do it just as easily from the UK. Making additional trips here isn't really going to make any difference to the strength of your ties with Australia unless, as Marisa said, you bought a property while you were here. You have an Australian partner, so that in itself is usually a strong enough tie to Australia for an RRV to be granted. Bear in mind that an RRV is what it says it is - a visa for permanent residents to return to live in Australia. The expectation will be that when you apply for it you have some solid planning to return to live in Australia permanently, rather than continue to live in another country. You'd be wise to consult an RMA, but in terms of obtaining an RRV you should be fine.

An important consideration is that because you don't meet the residency requirement, then you will only be granted an RRV for one year. If you're going to want to visit the UK after you've returned to Australia, you're going to need to reapply for an RRV every year until you've met the two-year residency requirement (when you will more than likely be granted a 5-year RRV).

If I was in your situation I would leave applying for your RRV as close as possible to June 2024, and then make your permanent move back to Australia within a year from when the visa is granted.

Great insights, thanks very much. 

[paulhand]

6 hours ago, InnerVoice said:

Making additional trips here isn't really going to make any difference to the strength of your ties with Australia …

when you will more than likely be granted a 5-year RRV

I disagree on the first point … Departmental policy does advise that spending decent amounts of time in Australia can count as a substantial tie. 

for the second point - it’s ‘will’ not ‘more than likely’. This is written into the regulations and there is no discretion for the decision maker … in most applications that meet the residence requirement the 5 year RRV is autogranted by the computer.

 

[InnerVoice]

1 hour ago, paulhand said:

I disagree on the first point … Departmental policy does advise that spending decent amounts of time in Australia can count as a substantial tie. 

for the second point - it’s ‘will’ not ‘more than likely’. This is written into the regulations and there is no discretion for the decision maker … in most applications that meet the residence requirement the 5 year RRV is autogranted by the computer.

On the first point, wouldn't having an Australian spouse or long-term partner and a plan to return to Australia be sufficient ties in itself to obtain an RRV?

On the second point, noted - that's good to know.

[paulhand]

1 hour ago, InnerVoice said:

On the first point, wouldn't having an Australian spouse or long-term partner and a plan to return to Australia be sufficient ties in itself to obtain an RRV?

Generally, yes. My point was more generic on time in Australia rather than specific to the OP’s situation. 

[Ken]

On 13/12/2023 at 17:27, InnerVoice said:

wouldn't having an Australian spouse or long-term partner and a plan to return to Australia be sufficient ties in itself to obtain an RRV?

Yes, but it would only be a one-year RRV.