niland123

Hello Team,

This is my first time posting, so please bear with us.

I would like to give some background to our circumstances, to make the question & answers easy to understand.

Me, my wife and three children all had PR Visa's which expired last October. Before these expired, we applied and were granted RRV's for one year only.

During the duration that we had our PR Visa's (granted October 2011) we lived outside of Australia, due to returning back home to the UK in June 2012.

Because we did not meet the requirements to extend our 5 year PR Visa's (less than two years of the past 5 years living in Australia) Applied for the RRV 155 and were granted this 1 year Visa.

Our plan is to relocate back to Australia in October this year and re-apply again for another RRV 155 before this ones expires.

I have a few questions that I need to ask?

1: How long do we need in live in Oz before we apply again for the new RRV 155 Visa? I wish to apply before this RRV expires (24th October)
I Understand that we need a rental agreement, kids signed up for school and hopefully jobs secured (this might be tough though, due to the time frame)

2: My wife and two girls will remain in OZ, I will return home after one month.
Unfortunately we have had to split the family in two, due to my son starting his A Levels in September in the UK.
Can I apply for an RRV for myself before I leave OZ?

3: We think that we will let my son's RRV expire and then after two years, he can re-join the family unit on a Family Visa?
Is this a good idea or not?

4: My understanding is that it will take two years of living in Australia before my wife and girls get another 5 year PR Visa (2 x one year 155's)
I'm I correct with this assessment?

5: Maybe I can re-join my family next year, once my son turns 18 and we have relatives look after him.
If I apply next year on a visit in October for another 155, whilst in Oz.


Like I have mentioned, this is my first post and i'm very grateful for every bodies help and support.

Hope to hear any idea's that you guys might have. Hopefully I have been able to make my position clear, with the above?

Many thanks,
James.

verystormy

The first thing to note is that the visas themselves haven't expired, only the travel portion which is the right to enter Australia. So, if you wife isn't planning on leaving Australia, then she wont need a new visa if she enters before the RRV limit is up.


As for yourself and son, things are more complicated.


If you are not in Australia when the RRV expires, you would need to hope they grant another RRV, but there is a risk they wont.


For your son, he will need to rely on getting another RRV as well, as getting him a dependent visa may be very hard to say the least as, he clearly isn't dependent on you if he is living in a different country.

niland123

Many thanks Verystormy for your quick reply,

OK, if I understand your point correctly, my wife and my two girls who will be remaining in Australia, won't necessary have to apply for a new RRV, once their 155's expire in October?

Providing they are in Oz when this occurs? which will be the case.

Its just that I'm worried about them having no Visa's at all! living in limbo land, so to speak, should I be worried about this?

Whats happens if after a year or so living in Oz, they need to visit the UK or an emergency occurs, wont the Australian emigration dept be disappointed that they let their 155's expire without renewing them?

Regarding myself, my understanding is that to be successful with having an RRV 155 approved, its best to apply within Oz and the time scale is about 3 days when submitting it online?

My plan of action, will be to enter OZ with the family and after 4 weeks apply online, just before I fly back to the UK.
It's a gamble I will have to take as I feel, that I have no other options available to me?

Does anybody have any idea's, in all likelihood of this working?

Regarding my son, he starts 6 Form college in September and we as a family will be flying out without him on the 28th September.
Unfortunately, we have no plan for him presently due to him either coming out to Oz after his A levels in June/July 2019 to continue his studies or remain in the UK to start Uni?

It all depends on well he does. Hopefully nearer that time, I can get his situation reassessed?

Once again, please accept my many thanks for all the help and support.


Kind regards,
James.

verystormy

Hi James


As I mentioned, your original permanent visas have not expired. Just the entry rights have. So, when your wife and girls will have visas while in Australia - the original PR visas.


If they need to leave Australia in an emergency, then they will need to apply for a new RRV. The department are fairly relaxed with RRV's and as long as they could prove it was an emergency and that they are living in Australia, I would expect them to gain one.


For you, there is an element of gamble and you should apply while in Oz.


It is a bigger gamble for your son as to if they will later grant as although he has ties to Australia if you are all living there, it is far from certain they will grant an RRV, in which case he would need to qualify under his own steam for a skilled visa some point in the future

niland123

Thanks again, this has been a great help for me and the family.

I believe that I have been looking at this problem back to front! thanks verystormy for clarifying my situation and making me think about this issue differently.

This underlines how important this forum is, I'm very grateful for the honest advice that can found on here.

Spent the last few months looking online and even booked and paid for an online consultation with Migration/Lawyer experts in Sydney, which was not cheap.

I won't go into detail, nor will I name and shame (was tempted to cut and paste their advice here) but was advised that the whole family needed to relocate to Oz and each of us apply for a new RRV 155 ASAP!

If we used their services, the cost of which would be $5500 each! thought it might have been a typo error but after reading it twice, was convinced they required $27,500 for the whole family!

If I remember correctly the cost for the application was $330 each, when we DIY-ed it last year ourself's. That's one hell of a mark up!

Once again, please accept my many thanks for your quick and sound advice.

Many thanks,
James.

fal

Hi

Following advice from the DIBP I am submitting an application for an RRV 155.

My husband's a citizen from birth and our children have citizenship by descent. I had an Authority to Return stamp when we moved to the UK 30 years ago for work and family commitments but this expired as we didn't return for 20 years.

I have no idea of the likely success but have to submit a paper application. My old passport has a hand written authority to return no. rather than electronic record and we didn't returned three yearly so it expired.

There's no information on what supporting evidence to submit. I'm thinking - my passport with copy of expired Authority to Return, birth certificate and marriage certificate, husband’s Aus passport and birth certificate and childrens’ citizenships.

I've no idea whether I'm applying for a one year or five year visa.

Can anyone comment or give any advice on what more they might need.

fal

Apologies, I'm now thinking I've hijacked this post and should start a new one!

Pollyana

I suspect the best you would get is a 3 month RRV but you won't know unless you apply.
Failing that you would need a Spouse Visa (at a huge cost) so try for the RRV first. You'll need to provide evidence of ties to Australia - ie, the fact all your family are Australian and you are planning to move back there, plus any ties you have left like bank accounts, property etc.

fal

Thanks very much for your reply.

I must be stupid but I don't understand the point of a 3 month RRV. Does it mean we can spend a total of 3 months outside of Australia before needing another one. Is it easier to achieve the second time and how does that work if we are still in the UK?

Does it make any difference if we will be retiring, not seeking employment?

Dorothy

It means that you have 3 months from the time of visa grant to move to Australia.

fal

Thank you. So I shouldn't apply until we're in a position to go? How long can I stay and how often can I return to the UK given that Citizenship cannot be applied for until I've been resident for four years.

Dorothy

You can stay forever and never leave again if you want to. As for going back to UK, you can go back the next day if that's what you want to do. However bear in mind that it gets difficult to prove strong ties to Australia if you are spending a significant amount of time in another country.

Pollyana

Once you are in Australia then you do not need another RRV until/unless you wish to leave again. Your PR visa gives you the right to live here. You only need a RRV again when you wish to travel, and the more ties you build up and the more settled you are before you apply for the next RRV, the more likely you are to get a longer one of 12 months. Once you have spent 2 years here you should get a 5 year RRV.

fal

Thanks but still more questions as I can't find any detailed terms and conditions on the 157. The more I read the more confused.

I understand the three months is the maximum time that can be spent out of the country. Can this be repeated and can several trips up to the maximum of three months be taken? In other words if I left Australia for two weeks is that it and I would have to apply for another RRV?

It seems to be advantageous to have a partner with a RRV but doesn't being married to a citizen for 35 years have more benefit?

If I am successful I have to:

a) become resident in Australia within three months, and
b) cannot leave again without applying for another 155/157
c) stay for two years without travel to be eligible for a 5 year RRV

Pollyana

If its within the validity of the RRV you can leave again, and re-enter.
Nope. You're married, thats all they look at.
[/QUOTE]
Correct (at this present time! No-one knows if it will change in the future. )