Summer05

Hello

Could anyone share their thoughts please on my situation explained below.

We have a PR which the travel facility expired last year but applied for an extension to give our son the opportunity to finish his GCSEs and was granted a one year extension which expires next week 25th Oct.
My husbabd and I and our two children of three children returned to Australia this month but due to urgent family circumstances I had to return back to London with the two girls on Sunday whilst husband is still in Australia but will return at end of Oct as couldn't change thenreturn ticket- after which his travel faculty would have expired.

Before departing Oz on Sunday I logged a RRV with the hope of being granted a 3 mths RRV and have provided all the evidence and a detailed letter explaining the circumstances that led to this urgent departure.

My question please- do I wait for the department to processs my application - which might not be processed until after then 25 Oct when the travel facility expires. Or do I return to oz on 25th Oct- and wait there for the visa to be processed in which case I would have to leave the kids behind as unable to organise everything.

Also one of our children has a RRV which doesn't expire until 2021 - she is six yrs old but was born in Australia- however not an Australian citizen as we were not perm when she was born. . Does this help with my application?

I am so anxious. Please could anyone share their thoughts?

Ps. We are intending on returning to Australia permanently in Jan 18.

Thank you in advance

Summer

carcajou

I think you should contact a MARA-registered agent urgently and solicit professional advice.

You don't say what the "family circumstances" are, which will probably play a role in it. If it's a life or death emergency, maybe. If it's something like your son's graduation - no. "Life and death emergency" would also mean exactly that - someone is at imminent risk of dying - and not that someone is having a knee replaced and needs some urgent moral support or so on.

You also don't mention what other ties you have to Australia. Do you own property here? Do you have permanent jobs here? How much of the residency requirement did you meet?

Everyone on this forum here can just guess, especially not knowing the "family circumstances" or your other ties to Australia. Going with the assumption that you don't own property, don't have permanent jobs here or don't have other family here - my guess would be (assuming no other ties than what you've outlined) that your RRV renewal could be in some trouble on the grounds that you were already granted a one-year RRV and still did not meet residency requirements or establish any other ties to Australia, and in fact only returned this month just prior to the expiry of the travel facility.

So based on what you've wrote, obviously go with what the MARA-registered agent says but I would be in Australia (with the whole family) the day before the travel facility is due to expire.

Summer05

Hi, thank you for taking the time to reply and for your frank opinion.

We initiatly planned to be there permanently, and secured from her in UK a rental property and applied for jobs and schools for the kids. ( I provided all those correspondence to the immi department) bought one way tickets and broke the news to the family - mother, who is suffering from a terminally illness. She became very unwell emotionally and put a lot of pressure on the family, saying she wanted to spend the last Christmas with us. We felt really guilty and whilst we came to Australia as had already paid a lot of money on tickets, we decided to to come back hoping to get a three month extension until Jan.

This was the only true reason. I have outlined all of this in my application for extension and provided with proof of tickets and rental agreement etc which we had to cancel last minute.

I understand what you're saying- best bet is it to be in Australia by 25 at least even if one of us comes with one of the kids to start the process of settling in.

I hope the immi department will consider my reuquest but time is critical and if I were refused the extension at least i know I am on shore.

Thank you once again.

Summer

carcajou

I really think you need to call a MARA-registered agent.

Based on what you have written - I would make sure you have some very solid plans about what you and your family are going to do if the second RRV extension is declined. Rental contracts and job applications don't usually count as "ties to Australia" and family emotional stress over you leaving the UK also isn't usually accepted as a legitimate emergency.

But you are only asking for three months, maybe they will show some sympathy but it is a gamble and a pretty big one.

Remember that if you are on-shore your visa doesn't expire . . . but you would need to stay in Australia long enough, without leaving the country even once, to qualify for the RRV. You may need to discuss with your family if you will be able to do that.

Good luck.

Summer05

Thank you kindly for the advice. I have just contacted George Lombard office in Sudney and they are going to advice me by close of business tomorrow- just providing them with all the evidence and payment for the service.

I have discussed with the family and explained that I might need to return with one of the children before visa expires and asked for their understanding.not considering my work at all. It's so difficult!!!
Thank you again- much appreciated. I hope the immi officer would apply consider this on human grounds as sincerely wonky need a three months one.

Best regards Summer

carcajou

George is very good and will sort you best that can be done. Good luck.

Summer05

Many thanks indeed. Yes George Lombard is the best and I have always been very satisfied and have had outstanding advice which has been positive from his firm.

Thank you for wishing me luck and much appreciated for your replies.

I will update again.

Summer

Pollyana

Had carcajou not suggested George I would've done so myself. I seem to remember your previous posts, and the story was complex enough then, never mind now, with no real certainty that you would even get the first RRV.
Definitely a case for an agent, and George is the best around (IMHO )