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Best way to go about getting Resident Return Visas


Guest boomerangpommie

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Guest boomerangpommie

I’m sorry this is a long post. I have not been on this forum for a very long time as I have been desperately trying but failing miserably to put Australia behind me…..My long and sorry story is on a variety of other posts scattered throughout the forum. Long story short, my OH, children and I all got PR visas in March 2007 and moved to Sydney in August 2007. My then 11-12 year old daughter and I found it extremely hard to settle and I couldn’t get a job. I returned to the UK with the children in March 2008. My OH refused to come back with us as he was convinced that we would get off the plane, see grey sky and return. He then returned to the UK in July 2008. We were planning to return in 2010 once we had saved the money up for it again but then I just could not face going through it all again. It was then decided that we should just lay it to rest and put it all down to experience and get on with our lives here.

 

Now here we are and have come full circle and want to give it another go but we really are in a dilemma now. We would love to go back asap but my daughter is now slap bang in the middle of her GCSEs, she goes into Year 11 in September and doesn’t do the final exams until June 2012. And our PR visas expire in March 2012! Obviously, we are looking at trying to get RRVs but looking at the eligibility criteria, I think it looks tricky, am I right?

 

We were in Australia for less than two years; we have no business, employment or cultural ties. We do have my OH’s sister there, who was also our sponsor for our visa but that isn’t a great relationship; she came between my OH and me a fair bit while we were there, had far too much to say when I left and hasn’t really bothered with us since we got back – I can’t blame her for all of the help she gave us sponsoring us and when we first arrived. Also, we are planning to move somewhere else, not Sydney, where she is. We just think we should leave that situation alone now.

 

I’ve spoken to the Australian High Commission in London and they were fairly helpful and said to put in the application in now and then if refused, at least we have until March to come up with another plan. I contacted a migration agent and he said that just based on telling them that we can’t move yet because of my daughter’s education at the moment is not a strong case or enough of a compelling reason as to why we have stayed away so long and that the DIAC don’t care that we have had to save money etc. He said one of us should try and get a job offer and we should re-open our bank account and just think of other ways to have stronger ties and looking at the forms for RRV, this seems to be the case but is easier said than done. I spoke to another agent and she was more positive and said that the education issue is a compelling one and that as my husband had a job in Australia previously, it shows that he has contributed to the country and can and will do so again!!

 

I have looked at similar posts on here and it’s a pretty mixed picture, some seem to suggest that they are quite sympathetic to education issues, others seem to say that they are pretty black and white and need to see strong ties to Australia and others seem to suggest it’s all luck and depends on the case worker or day!! Others say it is better to be in Australia when applying for the RRV. We are considering all options and just don’t know what’s the most likely to succeed and also have to think of the cost as we are now just moving back on what we have and can still save.

 

We have thought of:

1.Just bite the bullet and apply from here and put the best case we can together for compelling reasons why we can’t go before next March. Hope for the best and see what happens before deciding our next move and fingers crossed, we get the RRVs.

2.Go to Australia for a holiday and apply for them – can you do that a few days after arriving in the country after an absence of three years?

3.If all else fails, my OH goes back in March, hopefully gets a job, sets up a place to live etc. and then in June, the children and I apply for the RRVs based on our tie to him. We really want to avoid this one if possible – he will be on his own for months in Oz and already has a bad association with this - and it will be costly to run two homes, when we could really do with the money for when we’re all there.

 

On another forum, I also saw a case where the RRV was refused offshore and the person then went to Oz and it was granted! Can you just re-apply or does it have to be appealed (on the DIAC website, it says an appeal needs to be lodged by close family in Australia, if any and I just don’t think we can go there).

 

So sorry for the length of this - any advice or experience or knowledge that anyone has would be greatly appreciated as we really would be foolish to lose our visas and have felt that more than ever these last few days!!!! I wish I could turn back time and battle my way through those dreadful lows in those early days in Australia – we could be taking our Citizenship by now!! Isn’t hindsight a wonderful thing! :arghh:

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Guest boomerangpommie

Also, forgot to ask - is it possible to make an appointment at the Australian High Commission in London with someone to discuss the situation with them and get advice?

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