smartie

Happy New Year everyone :-) (/delurk)

We hope that someone here has a similar experience to the following, or maybe can advise us:

We (Martin, UK national and Shirl, Australian) married in 1989, applied for and got class 100 in Feb 91, went out to Oz later that year but had to return to UK (to complete a contract)..... and have been too busy working to get back since.

We're now both 40-plus and want to return, and are now putting house up for sale, etc, and getting started with the paperwork. Has anyone else migrated recently with similar circumstances i.e. an 'old' class 100? (details below) - mainly would like to know how long your 'red tape' took, and/or did you need to get a new visa?

Yours truly!
----------------------------
Extract of visa details follows:

AUSTRALIAN ENTRY VISA CLASS 100 RESIDENT

"Issued xxFeb91 Valid until xxMar91 for initial travel as a migrant and valid
until xxMar94 for multiple return travel. Subject to migration law this document will operate as a permanent entry permit on each entry to Australia."

Pollyana

Hi,
You might get more response if you post this on the Oz Immigration forum, rather than here on the lifestyle, as I think you will need an agent's advice - they pick up posts on the Immigration forum more often than here.
My own feeling is though, that if you didn't stay long enough to get citizenship, you may have to re-apply. I don't know if you could get an RRV - Residents Return Visa - I'm guessing you weren't in Oz long enough, but an agent could advise you.

JAJ

That visa is useless now.

Options are either:

- apply for a Resident Return Visa (at best will be hard, at worst impossible to succeed - depends on circumstances. If you've not been to Australia since 1991 then your chances would be very slim)
- reapply for a new spouse visa.

Going for a spouse visa might well be the easier option so long as you qualify, and as you seem to have been married a long time, then a new permanent visa would be granted. You'd have to apply from scratch if going this route but that may not be a problem.

The RRV would be cheaper in terms of application fee, no medicals and no requirement to validate, but you'd probably some good professional advice to put the whole thing together (and still could easily fail).

The place to apply for a spouse visa is the Australian High Commission in London.

Separately - if your wife hasn't got British citizenship, she ought to think about applying for naturalisation before she leaves the UK as it will make things a lot easier should you ever want to come back (temporarily or permanently) later on.

If you want detailed advice on the pros and cons of going the spouse or RRV route, then you need to hire a good agent.

Jeremy

smartie

Oops - Sorry, yes, this was meant to be the cross-post; I'll use preview next time

Thanks for the advice, Pollyanna. I suspect we will go/have to go to an agent at some point to get questions answered - it would be good to know what to ask first, though. From what I've found on RRVs, I'm not certain if wife+power-of-attorney could do one on my behalf while there.

smartie

Grateful for the advice.

Query:

Even as a "just visiting" visa? (It does say permanent)

This is the plan; believe it's correct to say that since the law changed in 2002, she can retain Oz citizenship while doing so

I notice some agents regularly help out; anyone know if any of then specialise particularly in RRVs, or have had success with cases like ours?

(I mailed this post here in error, rather than Immigration. I shall post any results there, for others' benefit)

Thanks again for the advice.

JAJ

Not possible.

The place to apply for an RRV offshore is the Australian High Commission in London - but on the surface, your application would be refused unless you were able to make a very good case (for which you'd need professional advice).

If you decide to forget the RRV option and just go for a spouse visa, then you may not need an agent. Look at the DIMIA website and download the Partner Migration booklet.

Whether you'd be asked to explain your intentions this time (in the light of your previous visa) is an open question - it's an evolving area of policy.

Jeremy

JAJ

The 'permanent' bit only takes effect every time you go into the country while the re-entry facility is valid.

The re-entry facility expired in March 1994.

If you want to visit Australia now before you get a spouse visa or RRV, you need an ETA: http://www.eta.immi.gov.au


Correct.

http://www.southern-cross-group.org/...enship/uk.html may be a useful resource.

People married to British citizens do not need to intend to remain UK resident, so she can apply even though she may be leaving the UK. Provided she meets the residence requirement, which is tricky, expecially the bit about needing to have been *physically* in the UK on the *exact* day three years before the application is received at the Home Office.
Information on all this is at http://www.ind.homeoffice.gov.uk


Ask on the immigration forum. But don't be surprised if an agent tells you (after reviewing your case in detail) to forget the RRV and just go for a spouse visa.


Jeremy