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Stuffed up with resident return visa

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Guest Ska

Hi all,

 

Hoping someone can help me. I have been a PR residing in Australia for the last 11 years, but only having residency for the last 6 years. In previous trips back to the UK I have not had to worry about a RRV as I was covered for unlimited travel under my original visa.

 

So when my grandmother suddenly died, I didn't give a second thought to booking my flight over to stay for three weeks to attend the funeral. It was only when I reached heathrow to come home that they informed me that I wouldn't be allowed back in Australia as my unlimited travel ran out in May!

 

I ended up getting a 3 month E-visa at the airport and travelled no worries and had no problems entering Australia. I now assume that as I am back in australia that there will be no further issues? I can't find any information on the net about this situation, but as I will be applying for citizenship soon I want to make sure that there is nothing I should be doing to ensure that the two visas I currently hold will not cause any issues.

 

Can anyone give any advice?

 

Thanks in advance.

 

Cheers,

 

Christina

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I don't want to worry you unduly but have a read of this:

 

http://www.pomsinoz.com/forum/migration-issues/128670-permanent-residency-taken-away.html

 

Recommend you speak to a professional migration agent asap

 

 

This person had never validated their visa, or lived in Australia, therefore no right to appeal.

 

You can check VEVO for visa status. http://www.immi.gov.au/managing-australias-borders/compliance/working-legally/evo-for-visa-holders.htm

 

I would seek professional advice quickly.

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Sorry, my mistake - hadn't read that thread properly, having reviewed it I can see you're right

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I disagree that all is well. if you can apply for an ETA to re-enter Australia, what is the point of the RRV?

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Hi,

 

If you lived 2 years out of the last 5 as a PR in Australia, it should't be a problem to obtain a RRV. However, do it quickly. You should be aware that you must be living in Australia as a PR at least 9 mths out of last 12 mths immediately before you apply for a citizenship. You must also be residing some time legally in australia in the last 4 years before applying - check DIAC website for details. Therefore, if have lost your PR by obtaining a diferrent visa, it may affect your eligibility to a citizenship.

 

Alex


SS NSW received 11/2009, Vetassess skills assessment reassessed 12/2009, 886 (cat 5) application lodged 03/2010, After 14/07/10 cat 3, CO 28/02/2011, VISA GRANT 02/03/2011

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My assumption would be that as you entered Australia on a tourist visa, that you are bound by the conditions of that visa. Therefore if you are working, you may be doing so illegally. If you stay beyond the 3 months, then you could be kicked out of Australia.

 

I would check out your status immediately! If you have met the requirements to get a RRV then hopefully you should be fine, but I would get this sorted! Is it possible to hold two visas? Your PR visa may have been cancelled when you applied for a tourist visa.

 

Love

 

Rudi

x


 

 

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Guest Ska

Well after a horrific night thinking that I may be deported, I have spoken to immigration this morning and it seems this is not uncommon. The woman I spoke to didn't seem to think that there would be an issue getting a RRV and I have applied for one online this morning.

 

I have lived continuously in Australia since 2006 and it did seem odd to me that given I flew at such short notice on compassionate grounds that they would just revoke a PR that easily for such a mistake. Thankfully that doesn't seem to be the case. I will keep you updated on the visa application as this may be useful for others in future.

 

Cheers,

 

Christina.

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That's great news Christina! I am glad it seems to be getting sorted out so easily for you.

 

Love

 

Rudi

x


 

 

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I disagree that all is well. if you can apply for an ETA to re-enter Australia, what is the point of the RRV?

 

An ETA would be a good way of killing the PR visa, which would otherwise be OK.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Guest Ska

Hi again,

 

Happy outcome :)

 

Just so everyone knows for the future, or any other poor soul who has just been through what I have been through...

 

YES, you can only hold one visa at a time, however if you forget to get a resident return visa and end up having to re-enter Australia on a tourist visa then it doesn't simply just cancel out your PR. It just means that you have to apply for a resident return visa when you get back. This can be done very easily online at the immigration site.

 

I was also confused about whether I needed to provide supporting documentation considering I have lived here since 2001 and have remained here for the entire time, I thought that was a bit silly. The website isn't very clear on this. However, as it turns out if you have lived in Australia for 2 of the 5 years prior then no supporting docs are generally necessary.

 

So in the end... I applied for the RRV online this morning and have just checked on VEVO to see that the RRV has been granted - with no questions asked or further info required.

 

The immigration people were lovely, and were so different to the kind of people I dealt with when originally getting my PR - it seems they have lifted their customer service game quite a lot! Also the RRV was granted in less than 8 hours.

 

So as it turns out there wasnt much to worry about. I got the impression from immigration staff that this is common, which is also the feedback I got at Heathrow when they issued my e-visa - even telling me that I can get a refund in Australia as I am a permanent resident (not that I needed to because she didn't charge me for it in the end!) .. Which is why I wasn't that worried... Until I came on here!!!!

 

Anyway, just glad that the last 16 hours of terror is over :)

 

Cheers,

 

Christina.

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