Gina123

Hello! I just need a little advice!
We (me, DH, DD1, DD2) currently live in Melbourne - Australia and have lived here for 9 years. We came on a 457 sponsored visa and that was made permanent in 2011. So we have been permanent residents for 6 years.
Whilst here we have had two more children who were born Australian citizens and they have Australian and British passports.

We need to return to the uk for a couple of years for family reasons. I was looking at applying for citizenship for the four of us that are PR - but we need to return within the next few months and it looks like citizenship takes longer than that.
My husband mentioned applying for the RRV - but that makes me nervous as I want to make sure we can return to Australia in a couple of years time.
Does anyone know if the citizenship process can be sped up? Or can anyone confirm that a RRV would be sufficient to leave for a couple of years and return with no problems!
I hope that all makes sense!
Thanks in advance!

rammygirl

Well you would get a five year RRV so that would be OK. Citizenship unlikely to be sorted quickly for new applicants now with the changes just announced. And on your return you would need to wait until you re qualify.

Maintaining close ties with Australia in your absence will help like keeping a house, bank accounts and even a job open will all help should you need to re apply for another RRV.

Gina123

Thanks - I have read all the info but I think I just wanted someone else to clarify my thoughts! So I really appreciate your reply!
So basically we can leave on a RRV as long as we are back within 5 years - the plan is to only be gone for 2 years so we should be ok.

Thanks so much

Gina123

One last thing - if the Australian government made changes to the RRV AFTER we obtained one - they couldn't change the conditions of our visa? Ie they couldnt change time frames etc AFTER visa has been granted?

xizzles

The sad truth is that the Australian government can change anything at anytime and it might end up affecting any/every one - under the catch-all phrase of "retrospective" legislation.

Gina123

Ok so one last thing!!!! Do our two PR children need to have a RRV? I just went onto gov website to look at applying for it and it's $360 for a return resident. I'm hoping kids may not need one?! Is that wishful thinking!!!!!

Gina123

Yes your right - in an ideal world I would have my citizenship before leaving. I'm kicking myself for not sorting this out sooner. Schoolgirl error on my part.

quoll

Everyone who is not a citizen will need a RRV so if your kids are UK citizens they will need a visa to return.

Remember that your two Aussie born kids will need their UK passports too, for a seamless entry. Otherwise they could be booted out after 6 months (theoretically)

Gina123

Thanks - that is what I thought, thanks for confirming. Off I go to get lots of RRV and passports!

louie

Rubbish. If you are granted a five year RRV, you have a five year RRV. No government would or could change that. Of course, they can change the rules any time they want for future applicants, but if you have already secured the visa, they will not nor could not change its validity.

To the OP, under current legislation, you effectively have eight years to return as long as you renew your RRV within approx three years of leaving Australia (because at that point, you will still have spent two of the previous five years in the country). If your absence proves to be longer than the expected period (and assuming rules don't change) you would be wise to apply again just in case.

With two Australian children, you should be fine for a one year RRV even after that though (assuming they would be accompanying you I guess).

xizzles

Obviously, I wish that were true for the OP's sake - but I'm not the expert on what a government will or will not do (especially a government desperate enough to cling on to power). As long as one is not a citizen, one is at mercy of whatever rules of the day that apply to non-citizens.

Just ask the numerous EU citizens residing in the UK at the moment.

carcajou

To the OP, under current legislation, you effectively have eight years to return as long as you renew your RRV within approx three years of leaving Australia (because at that point, you will still have spent two of the previous five years in the country). If your absence proves to be longer than the expected period (and assuming rules don't change) you would be wise to apply again just in case.

With two Australian children, you should be fine for a one year RRV even after that though (assuming they would be accompanying you I guess).[/QUOTE]

I am not sure that is accurate - my understanding is once you get a RRV, any remaining time on your original visa gets canceled out, and your five-year RRV starts immediately.

Regardless, if OP is only gone two years it shouldn't matter.

Pollyana

Firstly, although the government could change the rules on a 5 year RRV after grant, it is unlikely to. It is just as able, and equally unlikely, to change the rules on PR so that everyone currently on PR has their visas cancelled.

Getting a 5 year RRV now you can be as sure as anyone xan be of beinallowed to reenter on it for the next 5 years.

However, OP, please look at the upcoming changes to citizenship. It is about to get much much harder. so think carefully about applying now.

louie

Yes, it does. But in three years time (ignoring any adjustments for holidays abroad taken in the last couple of years) the OP will still qualify for a five year RRV unless the rules change by then, because they will still have spent two of the last five years in Australia. So if they apply for a RRV then, they will get another five years. So three years now + five more years in three years time = eight years.

As you say, not relevant if the OP does return in a couple of years. But not everything goes to plan and we quite often see posts on here from people who leave but later regret it and who could have "insured" themselves against a change of mind if only they had realised they could extend their RRVs this way.

carcajou

Yes, you are right, I understand your comment now. Sound advice for the OP.