RachelH

Hello all- I've been gone a long time - was active on here ten years ago when as a family we were all set to make the move to Brisbane. I got a spouse visa very quickly as had already been married for 11 years with three children when I applied. Cutting a long story short, we didn't end up going due to a job offer my Aussie husband got to stay in the UK.

Fast forward ten years and we just came back from a month's holiday visiting his family in Australia yesterday...and he is now fully pining to go back. His career is at a crossroads and he thinks if we don't go now we never will. Made slightly harder by the fact that the then 2 year old twin boys and baby girl and are now 12 and 10 and very happy with their lives here.

Anyway my question for anyone who may know the answer is would I have to go through the whole spouse visa process again? As it was only valid until 2012 - I did validate it at the time by going on holiday. When we landed for our trip this time one of the immigration ladies told me I could get a return residents visa but not sure if that is right as I haven't actually resided there! Any advice gratefully received...and possible handholding if we do this!! Thanks all - Rachel x

BritInParis

Which visa did you travel on for your recent holiday, your Partner visa or did you apply for a visitor visa?

RachelH

Hi BritinParis - I went on a visitor visa this time..although that in itself was a drama...didn't realise until the night before we flew that we needed tourist visas...and our twin boys didn't come through. They allowed them in on their expired Aus passports but it meant hold ups at Manchester, then at Perth when we landed and again at brisbane when we left!

Pollyana

They can't hold tourist visas. If they are Australian they must travel on Australian passports.

quoll

Another thing to consider - make sure your DH gets his British citizenship before you leave if you do go (if he hasn't already) because that keeps all your options open down the track.

RachelH

Yes I now know that! We hadn't been for years and it somehow totally passed me by that we couldn't just go as normal on our UK passports. I now know ow having read the immigration website that if you have an aussie passport you must travel on it but all my three children and my husbands had expired! And weirdly when I hastily applied the night before we flew got tourist visas approved for my daughter and husband... Anyway we got there.

RachelH

Yes he has a British passport as he was born here!

Think I'm going to have to ring the aus commission to find out what kind of visa I would need to apply for

verystormy

If you have entered on a tourist visa, this may have cancelled your spouse visa as the principle is that the latest visa cancels previous visas.

RachelH

My spouse visa was issued in 2007 so expired in 2012....am hopeful that I might be eligible for a Return Resident visa but will explore more. Many thanks!

verystormy

No. Your visa has not expired. The travel portion has, which is very different. A PR visa never expires - hence if you were already living in Australia, you would not need any other visa.


However, it is possible your visitor visa has cancelled it. In which case you could not get an RRV

RachelH

Oh no - I did not realise that...I thought I had to be there within the five years or I would need another visa? I am really confused now.

verystormy

It is simple. Permanent visas come in sort of two bits. The right to live and work in Australia and the right to enter Australia. The first bit never expires. But, after 5 years, the second bit does. That is when a resident return visa is required. It tags onto the existing visa.


However, if a permanent visa holder gets a temporary visa, then it can cancel all aspects of the permanent visa as the principle is you can only hold one visa at a time. So, in order to grant the visitor visa, it may have cancelled your permanent visa. As you can only get an RRV if you hold a PR visa, you would not be eligible for a RRV.


The first thing to do is check you visa status. This tells you how. https://www.border.gov.au/Busi/visas...n-online-(vevo)


If it has cancelled your PR, then the only option would be a new spouse visa - expensive (Spouse visas are now $7000 plus medicals and police checks).

RachelH

Many thanks - I put my spouse visa number in and it doesn't recognise it....looks like I've seriously cocked up. I guess all I can do is try and contact them and see what my options are. Thanks again.

Dorothy

Your options are as VS explained. Ringing DIBP is not going to be of any use to you either. If you want advice other than what we on BE have given then you will need to contact a MARA registered agent.

However your options now are either spouse visa or you qualify and apply for a skilled visa.

BritInParis

You should be eligible for a one year subclass 155 Returning Resident visa based on your relationship with your Australian citizen husband.