Help with expiration of a class 175 due to family illness

[Guest lt13624]

Hi All,

 

I wonder if anyone could help or has been in a similar situation. We are very worried about our position and hope someone could shed some light on it. I would be ever so grateful if you could offer your knowledge and experience.

 

We were granted our permanent residence visas on 23rd Feb 07. This was a subclass 136 which is now known as a subclass 175.

 

We made our initial visit on 12th December 2008 and returned back to the UK on 4th Jan 2009. We had every intention of coming back in the January 2010 and settling for good.

 

Unfortunately, just as we returned from our first visit, my mother became seriously ill and has since fought a losing battle with Parkinson’s disease. Her health is still declining but she is now able to be looked after by carers rather than me and other family. She urges us to go and live our lives but we love her dearly and I worry about her health and the eventual outcome.

 

Our visas expire on 21 February 2012 and I understand that we have to get a residents return visa, subclass 155.

 

What are my options?

 

From what I understand it’s the following:

 

 

• We can get to Australia before the expiry date and never leave the country.
  

 

 

 

• We can get to Australia, stay two years out of a five year window and then apply for an RRV for a further five years in Australia while living in Australia.
  

 

What are the rules here?

Do you have to stay for the full two years, would they let you leave for two weeks in those initial two years on compassionate grounds, i.e. a death in the family? Or is it super strict, ie you have to get an RRV before you leave. My concern would be an emergency call about my Mum, a fast trip back to the UK with no time to apply for an RRV and then not being allowed back in.

How long can you be away for after you have spent the two years, returned to the UK.

 

 

• Or I can apply for an extension here in the UK.
  

 

How hard is this to do? The DMIA website on eligibility states the following:

If your last departure from Australia was as a permanent resident or Australian citizen (which it was as we left on 4th Jan 2009)

 

You must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia ( I will have a permanent job offer)

 

and

If you have been absent for more than five continuous years since your last departure from Australia as an Australian permanent resident or Australian citizen, you must provide evidence of compelling reasons for your absence over five years. (Does this mean from the date of your last day in Australia, in our case 4th Jan 2009? Its more than likely we will not be away for longer than 5 years so this rule should not apply, but if it does, Im hoping the compelling reason is my Mum)

 

Also, what is the point of a 3 month RRV, it seems that the requirements for this RRV are not as strict and this is taken from the DMIA website:

 

You must have spent at least one day in the last five years in Australia as a permanent resident or an Australian citizen and you must provide evidence of compelling and compassionate reasons for your departure.

 

So, looking after my Mum, would that be compelling and compassionate grounds?

 

Thank you all in advance, any help would really be appreciated.

[RockDr]

It probably would be compelling and compassionate grounds, but I would strongly recommend you hire a migration agent to help you with this. They know the ins and outs of the system.