chrisdarby

Hi,

I am 37 years old, I am a british citizen but i've had permanent residency in Australia since I was 8 years old, so going on 29 years now.

I have a young daughter (6 years old) who is an australian citizen and currently living with her mother, my ex wife, also an australia citizen, in Perth WA.

I also have both of my parents and all of my siblings living in Australia as either permanent residents or a couple that have now gotten their citizenship, I visit both them and my daughter regularly.

In Feb 2013 I renewed my RRV for 5 years to travel to the UK, I travelled to the UK in May 2013, got offered a very good job, and am now living and working here, and currently earning more here than I can with the same type of work in Australia, coupled with lower cost of living allows me frequent trips back to Australia as well as being able to send over increased financial support to my daughter.

Between then and now i've travelled back to Australia 5 times, and plan to continue to travel to Australia (Perth) at least twice a year to spend time with my daughter (she also visits the uk at least once a year with her mother) and to spend time with my parents and siblings in Adelaide.

My current RRV is due to expire late February 2018.

I have travel back to Australia planned in March/April 2018, after my RRV expires.

My problem is this, I have no ‘immediate’ intention to return to australia to live as a resident within the next few years, due to my current employment, the pay of which I can't match in Australia (especially considering the low cost of living where i am now), and coupled with the fact that I am in a long term relationship here in the UK.

I have been advised when calling the immigration dept that renewing my RRV annually is going to become more and more difficult with the immigration dept eventually (if not sooner) questioning if i have any intention to actually come back to live and then outright denying the RRV.

Within the next 5-10 years (or longer) providing things continue as they have, i have no intention of working in Australia, claiming benefits, using medicare etc, but need access to see my daughter, so I don't need all the benefits that come with an RRV at the moment, but if things change either planned or due to unforeseen circumstances, I don’t want to be cut off from my daughter or the rest of my family, due to a visa issue.

What are my options? And what sort of costs are involved in ensuring that I can continue to legally visit my daughter in Australia up to 2-3 times a year.

I currently intent to renew my RRV in January for 1 year, but my concern is what happens after that, what will happen if I have to switch to another visa (ETA or eVisitor) or something.

I understand that ETA or eVisitor will allow me to visit for 12 months and stay up to 3 months at a time, but without the ability to work, etc which is absolutely fine at the moment, but if I do have to move back at some point either due to:

a) Illness in my family in Adelaide or Perth
b) issues with my daughter
c) changes in circumstances in the UK
d) something else.

Will getting an ETA instead of RRV prevent me from getting another RRV in the future, I’ve had conflicting advice from two different people at Immigration and Border Control.

Can anyone offer any insight?

Pollyana

As a general rule, you can only hold one visa at a time so getting a ETA/evisitor would cancel your PR visa,thus removing any chance of holding a future RRV.

Some people have managed to have this overturned and get a RRV after mistakenly applying for a ETA, but there is no guarantee that would work in your case.
Maybe talk it through with an agent, but do not go down the ETA route until you are absolutely sure you want to abandon your PR.

BritInParis

You have been living in the UK for just over four years. How much time have you spent in Australia during that time?

Le_Main

Actually this is not the case. RRVs are available to former permanent residents as well as current ones, so there's nothing to "overturn" and not being a current PR does not "remove any future chance of holding an RRV". See the DIBP website:
You must be:
- an Australian permanent resident
- a former Australian permanent resident whose last permanent visa was not cancelled
- a former Australian citizen who lost or renounced their citizenship.

As you say though, no guarantee, but no guarantee either if you last left Aus as a PR and don't meet 2 in 5 years. Given the OP's situation though, he would seem to ace "substantial ties".

Cheers

carcajou

I do think you need to discuss this with a MARA-registered agent. While you seem unlikely to meet resident requirements, you do have multiple immediate family members who are Australian Citizens currently resident in Australia. "Substantial ties."

If you also have property, etc that adds to your case.

An ETA will cancel your PR. Do not do that unless you get denied an RRV, your travel facility on your PR expires, and you have absolutely no other option.

Pollyana

Note that I said 'AS A GENERAL RULE'. I know RRVs are available in many circusmatnces, hence my qualifying statement.

Some people on the forum have in the past had their PR cancelled on getting an ETA

Some people on the forum have in the past had their PR cancelled on getting an ETA but have got it back through speaking to DIBP

Some people on the forum have in the past had their PR cancelled on getting an ETA and have NOT got it back through speaking to DIBP

Everything I said is actually correct. I would advise checking with an agent and do not get an eta/evisitor without doing that. Its not a black and white area.

Le_Main

What you actually said was "thus removing any chance of holding a future RRV." which is the bit that is not correct and what I was pointing out. I do agree though that it would help to speak to an RMA to get clarification.

Cheers

chrisdarby

Thank you for all the feedback, to clarify some of the questions:

1. My daughter is an Australian Citizen (she is 6) her mother is an australian citizen, born in Perth, although we are now divorced.
2. My mother and father are both British citizens, but both with PR in Aus with valid RRV's
3. My brother is now an Australian citizen as of last year
4. My other brother has PR in aus but doesnt have his passport, so is living in Aus as a PR
5. My sister is an Australian PR with valid RRV
6. I still hold a valid RRV for the next 10 months

I have only ever held an RRV, i've never had another visa in my passport, its been all RRV's till now.

As far as substantial ties go, as Le_Main said, I should ace these as my entire immediate family and my daughter are either PR or citizens.

As for time spent in Australia, i go back every 4-8 months, sometimes twice in a year, usually for 2-3 weeks at a time, so given that, i wouldn't come close to satisfying the 2 out of 5 residency requirements, my employment and situation here in the UK wouldn't work with me spending 4 months a year in Australia at this point, although we are exploring options.

In February i plan to apply for a new RRV close to when my current one expires and i've been told that i should have no problem being granted a 12 month visa. But given that I could be in the UK for the next 10 years working, making 2-3 trips back to oz a year, lets just say, i'm planning ahead

One thing I am struggling with is, while reading the Migration Regulations Laws
MIGRATION REGULATIONS 1994 - SCHEDULE 2 Provisions with respect to the grant of Subclasses of visas

I keep coming up against "unless there are compelling reasons for the absence" but no definition of what constitutes a compelling absence.

Does lucrative and well paying employment so that I can support myself and my family back in Australia constitute 'a compelling absence'?

Anyway, thank you for all the replies

Le_Main

Hi - as you haven't been, and won't be, away from Aus for a "continuous period of 5 years" the compelling reasons part doesn't apply to your situation, only the substantial ties part.

It's obviously impossible to know how this will play out after a number of years of rinse and repeat applications, but it seems to me that your short term strategy is sensible and your ties are clearly substantial and genuine and will continue to be.

Perhaps chat to an RMA when you're next over here to build a longer term strategy?

Good luck!
Cheers

louie

With a minor Australian citizen daughter living in Australia, I really don't think you have a problem any time soon, other than the pain of having to apply for and the cost of RRVs.

Not of any help to you but maybe to others who read this thread:

1. This is a perfect example of why it is so important to get Australian citizenship.

2. If you had applied for another RRV up to about February 2016 or thereabouts (depending on how much time you spent outside Australia in the previous few years), you would have qualified for a five year RRV, thus deferring any problem for several more years.