Rrv
Apr 24th 2004, 7:29 am
#31
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Joined: Apr 2004
Posts: 34,649
Re: Rrv
1. Regarding your 'responsibility' to the school, you should ask yourself how productive you are going to be come September when you are both separated from your family and a question mark may be hanging over your PR status. You really don't need that sort of stress. It might even make you unable to work (which would give the head an even worse problem ... )
I agree with Don - it seems to me you just have to tell the head that you need to put your family and its future first. Is there some specific reason they would not be able to replace you by September? - even on a temporary basis?
If you were sick, or died, then the school would have to sort someone out to replace you with a lot less than 6 months notice.
One offer you can make to the head (to soften the blow) is to be available on email/phone to support your replacement in his or her first few months. Another way to help him out is to make sure you hand over your job with all the issues and processes fully documented.
It's not as if you are leaving tomorrow. Does the head know the reason why you are leaving?
Only a union/solicitor can advise on the legalities. I would have thought however the school would have an interest in keeping you happy and productive between now and July, and that should be a reason to solve this issue amicably.
2. You've hit the nail on the head with the RRV - *nothing* is guaranteed without the standard 2/5 residence requirement being met. There does remain a risk that you could end up separated from your family for longer than you think. Or with them, but unable to work in Australia (if your PR had expired), while your visa was sorted out. There is an appeal right on onshore RRVs, and offshore RRVs where there's an Australian citizen/PR relative, but MRT appeals can take ages for your turn to come around.
No-one is going to be able to give you an absolute assurance on this point.
3. Spouse visa. If you are in a 'long term relationship' you normally get a PR visa straight away withut spending 2 years on the temp visa. But you do need to prove the genuineness of your relationship once again - it's not an automatic process. Plus medicals, police checks, possible delay - do you need the hassle/stress?
Processing time on spouse visas is not that long but not immediate either (eg, a few months).
4. If you found 3.5 weeks away from home hard, you really need to think hard about 3 months (with the additional uncertainties discussed)... I can't comment on your specific situation but you do have to think about the risk of it damaging your marriage and whether it's worth it. And if it did damage your marriage and you lost your PR at the same time (as you would be relying on your wife for either an RRV or a spouse visa) you could really end up in a mess.
Even if you and your wife are able to handle the separation, there's also the issue of what effect it may have on your children.
5. Don't forget about the risk of the RRV rules changing. No-one can quantify this but they are at liberty to change the rules anytime they like, and it could throw a spanner in the works if it happened.
Jeremy
I agree with Don - it seems to me you just have to tell the head that you need to put your family and its future first. Is there some specific reason they would not be able to replace you by September? - even on a temporary basis?
If you were sick, or died, then the school would have to sort someone out to replace you with a lot less than 6 months notice.
One offer you can make to the head (to soften the blow) is to be available on email/phone to support your replacement in his or her first few months. Another way to help him out is to make sure you hand over your job with all the issues and processes fully documented.
It's not as if you are leaving tomorrow. Does the head know the reason why you are leaving?
Only a union/solicitor can advise on the legalities. I would have thought however the school would have an interest in keeping you happy and productive between now and July, and that should be a reason to solve this issue amicably.
2. You've hit the nail on the head with the RRV - *nothing* is guaranteed without the standard 2/5 residence requirement being met. There does remain a risk that you could end up separated from your family for longer than you think. Or with them, but unable to work in Australia (if your PR had expired), while your visa was sorted out. There is an appeal right on onshore RRVs, and offshore RRVs where there's an Australian citizen/PR relative, but MRT appeals can take ages for your turn to come around.
No-one is going to be able to give you an absolute assurance on this point.
3. Spouse visa. If you are in a 'long term relationship' you normally get a PR visa straight away withut spending 2 years on the temp visa. But you do need to prove the genuineness of your relationship once again - it's not an automatic process. Plus medicals, police checks, possible delay - do you need the hassle/stress?
Processing time on spouse visas is not that long but not immediate either (eg, a few months).
4. If you found 3.5 weeks away from home hard, you really need to think hard about 3 months (with the additional uncertainties discussed)... I can't comment on your specific situation but you do have to think about the risk of it damaging your marriage and whether it's worth it. And if it did damage your marriage and you lost your PR at the same time (as you would be relying on your wife for either an RRV or a spouse visa) you could really end up in a mess.
Even if you and your wife are able to handle the separation, there's also the issue of what effect it may have on your children.
5. Don't forget about the risk of the RRV rules changing. No-one can quantify this but they are at liberty to change the rules anytime they like, and it could throw a spanner in the works if it happened.
Jeremy
Originally posted by Berian
Firstly the notice period is probably unlawful but I have signed the contract and the school has been hugely supportive in so many ways. The head also holds grudges!
Our plan is therefore to get PR for my 18 month old daughter soonest so that we can all travel to Aus this July. I get seven weeks job search time before I have to return to work in eraly Sept and we can find a place in which to live tempoaraily. There's also schools and cars and everything else but it does give us a bit more time to sell up and pack up.
The hard bit is to leave my wife and children for 3 months - I have managed to be away form home for 3 1/2 weeks in South Africa but ... thankfully 14 years of marriage ensure we have a relationship we think is strong enough to bridge the divide.
The vexed question of the RRV still hangs over us however in the sense that there can be no guarantee. We are in communciation with a Brisbane based lawyer/migration agent (any advice on a specific person would be appraeciated) but I am unclear as to what effect if any may be the fact that my wife will not be at work during this time. If this isn't going to be a problem and Ruth gets an RRV in mid Oct eraly Nov then I return in Dec and off we go...
The spouse sponsorship is clearly an expensive route but appears at first glance to almost be an immediate(ish) award of a tmeporary visa. Is this true? Does anyone have different experiences?
Additionally, would I be able to work under this visa? My existing PR has full work status but .... this is an important consideration.
Berian
Firstly the notice period is probably unlawful but I have signed the contract and the school has been hugely supportive in so many ways. The head also holds grudges!
Our plan is therefore to get PR for my 18 month old daughter soonest so that we can all travel to Aus this July. I get seven weeks job search time before I have to return to work in eraly Sept and we can find a place in which to live tempoaraily. There's also schools and cars and everything else but it does give us a bit more time to sell up and pack up.
The hard bit is to leave my wife and children for 3 months - I have managed to be away form home for 3 1/2 weeks in South Africa but ... thankfully 14 years of marriage ensure we have a relationship we think is strong enough to bridge the divide.
The vexed question of the RRV still hangs over us however in the sense that there can be no guarantee. We are in communciation with a Brisbane based lawyer/migration agent (any advice on a specific person would be appraeciated) but I am unclear as to what effect if any may be the fact that my wife will not be at work during this time. If this isn't going to be a problem and Ruth gets an RRV in mid Oct eraly Nov then I return in Dec and off we go...
The spouse sponsorship is clearly an expensive route but appears at first glance to almost be an immediate(ish) award of a tmeporary visa. Is this true? Does anyone have different experiences?
Additionally, would I be able to work under this visa? My existing PR has full work status but .... this is an important consideration.
Berian
Last edited by JAJ; Apr 24th 2004 at 7:42 am.
Apr 24th 2004, 11:10 pm
#32
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RRV
Originally posted by JAJ
1. Regarding your 'responsibility' to the school, you should ask yourself how productive you are going to be come September when you are both separated from your family and a question mark may be hanging over your PR status. You really don't need that sort of stress. It might even make you unable to work (which would give the head an even worse problem ... )
I agree with Don - it seems to me you just have to tell the head that you need to put your family and its future first. Is there some specific reason they would not be able to replace you by September? - even on a temporary basis?
If you were sick, or died, then the school would have to sort someone out to replace you with a lot less than 6 months notice.
One offer you can make to the head (to soften the blow) is to be available on email/phone to support your replacement in his or her first few months. Another way to help him out is to make sure you hand over your job with all the issues and processes fully documented.
It's not as if you are leaving tomorrow. Does the head know the reason why you are leaving?
Only a union/solicitor can advise on the legalities. I would have thought however the school would have an interest in keeping you happy and productive between now and July, and that should be a reason to solve this issue amicably.
2. You've hit the nail on the head with the RRV - *nothing* is guaranteed without the standard 2/5 residence requirement being met. There does remain a risk that you could end up separated from your family for longer than you think. Or with them, but unable to work in Australia (if your PR had expired), while your visa was sorted out. There is an appeal right on onshore RRVs, and offshore RRVs where there's an Australian citizen/PR relative, but MRT appeals can take ages for your turn to come around.
No-one is going to be able to give you an absolute assurance on this point.
3. Spouse visa. If you are in a 'long term relationship' you normally get a PR visa straight away withut spending 2 years on the temp visa. But you do need to prove the genuineness of your relationship once again - it's not an automatic process. Plus medicals, police checks, possible delay - do you need the hassle/stress?
Processing time on spouse visas is not that long but not immediate either (eg, a few months).
4. If you found 3.5 weeks away from home hard, you really need to think hard about 3 months (with the additional uncertainties discussed)... I can't comment on your specific situation but you do have to think about the risk of it damaging your marriage and whether it's worth it. And if it did damage your marriage and you lost your PR at the same time (as you would be relying on your wife for either an RRV or a spouse visa) you could really end up in a mess.
Even if you and your wife are able to handle the separation, there's also the issue of what effect it may have on your children.
5. Don't forget about the risk of the RRV rules changing. No-one can quantify this but they are at liberty to change the rules anytime they like, and it could throw a spanner in the works if it happened.
Jeremy
1. Regarding your 'responsibility' to the school, you should ask yourself how productive you are going to be come September when you are both separated from your family and a question mark may be hanging over your PR status. You really don't need that sort of stress. It might even make you unable to work (which would give the head an even worse problem ... )
I agree with Don - it seems to me you just have to tell the head that you need to put your family and its future first. Is there some specific reason they would not be able to replace you by September? - even on a temporary basis?
If you were sick, or died, then the school would have to sort someone out to replace you with a lot less than 6 months notice.
One offer you can make to the head (to soften the blow) is to be available on email/phone to support your replacement in his or her first few months. Another way to help him out is to make sure you hand over your job with all the issues and processes fully documented.
It's not as if you are leaving tomorrow. Does the head know the reason why you are leaving?
Only a union/solicitor can advise on the legalities. I would have thought however the school would have an interest in keeping you happy and productive between now and July, and that should be a reason to solve this issue amicably.
2. You've hit the nail on the head with the RRV - *nothing* is guaranteed without the standard 2/5 residence requirement being met. There does remain a risk that you could end up separated from your family for longer than you think. Or with them, but unable to work in Australia (if your PR had expired), while your visa was sorted out. There is an appeal right on onshore RRVs, and offshore RRVs where there's an Australian citizen/PR relative, but MRT appeals can take ages for your turn to come around.
No-one is going to be able to give you an absolute assurance on this point.
3. Spouse visa. If you are in a 'long term relationship' you normally get a PR visa straight away withut spending 2 years on the temp visa. But you do need to prove the genuineness of your relationship once again - it's not an automatic process. Plus medicals, police checks, possible delay - do you need the hassle/stress?
Processing time on spouse visas is not that long but not immediate either (eg, a few months).
4. If you found 3.5 weeks away from home hard, you really need to think hard about 3 months (with the additional uncertainties discussed)... I can't comment on your specific situation but you do have to think about the risk of it damaging your marriage and whether it's worth it. And if it did damage your marriage and you lost your PR at the same time (as you would be relying on your wife for either an RRV or a spouse visa) you could really end up in a mess.
Even if you and your wife are able to handle the separation, there's also the issue of what effect it may have on your children.
5. Don't forget about the risk of the RRV rules changing. No-one can quantify this but they are at liberty to change the rules anytime they like, and it could throw a spanner in the works if it happened.
Jeremy
Once again a massive thanks - plenty to ponder.
Assuming the notice scenario isn't going to change (although we are invetsigating every avenue) the only option we have is for all of us to go out in July, for me to look for work for January (three job enquires underway at present) and for me to work my notice.
We do have some relations in the Glasshouse Mountains and friends on the Gold Coast and in Lismore so my family wouldn't be all alone so to speak. We would also look to join local community groups such as a church which I am sure would help. It will be difficult but if its the only way and our long term happines depends upon it ... Fourteen years of marriage ensures we do have a strong relationship.
The REAL issue may be the ability to deal with problems in my returning.
It's either an RRV, a concessionary RRV or a spouse sponsorship.
I would return to the UK in early Sept and my PR expires in early Oct. Can I apply in Sept for a spouse sponsorship once I'm in the UK?
Does that fact that my PR visa has the approval for me to work in Australia make any difference to the type of visa granted?
And finally, what effect if any does a failed visa application have on a subsequent application. i.e. if an RRV application fails would a perm migration through sponsorship be feasible?
Berian
Apr 24th 2004, 11:15 pm
#33
Joined: Aug 2003
Posts: 11,149
Re: RRV
Originally posted by Berian
Can I apply in Sept for a spouse sponsorship once I'm in the UK?
Can I apply in Sept for a spouse sponsorship once I'm in the UK?
Does that fact that my PR visa has the approval for me to work in Australia make any difference to the type of visa granted?
And finally, what effect if any does a failed visa application have on a subsequent application. i.e. if an RRV application fails would a perm migration through sponsorship be feasible?
Berian
Berian
Apr 25th 2004, 5:18 am
#34
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Joined: Apr 2004
Posts: 34,649
Re: RRV
Originally posted by Berian
The REAL issue may be the ability to deal with problems in my returning.
It's either an RRV, a concessionary RRV or a spouse sponsorship.
The REAL issue may be the ability to deal with problems in my returning.
It's either an RRV, a concessionary RRV or a spouse sponsorship.
- a 5 year RRV on concessionary grounds; or
- a 3 month RRV; or
- a spousal visa
I would return to the UK in early Sept and my PR expires in early Oct. Can I apply in Sept for a spouse sponsorship once I'm in the UK?
Yes. But you should explore all the RRV options first. With a good agent, you might be able to negotiate a solution (possibly a 3 month RRV) with the AHC in London.
I would get in touch with Ian Harrop, who's got a good reputation and is based in the UK (he also used to be Principal Migration Officer in London) and talk through the options with him.
http://members.aol.com/ianharrop/mig.htm
Does that fact that my PR visa has the approval for me to work in Australia make any difference to the type of visa granted?
And finally, what effect if any does a failed visa application have on a subsequent application. i.e. if an RRV application fails would a perm migration through sponsorship be feasible?
- has no effect on your existing visa, if valid; and
- if you're offshore, does not prevent you from reapplying (because of s48 of the Migration Act this is not necessarily the case onshore).
I think you should hire a professional to go over these options in detail.
Jeremy
Apr 25th 2004, 12:56 pm
#35
NZ or Bust!
Joined: Jun 2003
Location: Twickenham
Posts: 132
"The head is in any case forbidden by law from giving an incorrectly negative reference. He can hardly deny you your work record, attendance record, exam success record or qualifications. In any case, he might be fed up at you leaving but many people are 'bigger' than that and would not give anything less than a postive reference if it is merited."
Ive been there and done that.. Headteachers do what they want often... some can be very nasty.
Having said that, isnt your notice period governed by term/half term breaks.
You could always give notice now for a convenient time for you, stating extenuating circumstances.. your desire to NOT be seperated from your family who are/have moved.
I agree negotiation is best, but why are you making this a massive mountain when it appears to be a small mole hill?
Ive been there and done that.. Headteachers do what they want often... some can be very nasty.
Having said that, isnt your notice period governed by term/half term breaks.
You could always give notice now for a convenient time for you, stating extenuating circumstances.. your desire to NOT be seperated from your family who are/have moved.
I agree negotiation is best, but why are you making this a massive mountain when it appears to be a small mole hill?
Apr 25th 2004, 2:21 pm
#36
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Originally posted by Sazzle
"The head is in any case forbidden by law from giving an incorrectly negative reference. He can hardly deny you your work record, attendance record, exam success record or qualifications. In any case, he might be fed up at you leaving but many people are 'bigger' than that and would not give anything less than a postive reference if it is merited."
Ive been there and done that.. Headteachers do what they want often... some can be very nasty.
Having said that, isnt your notice period governed by term/half term breaks.
You could always give notice now for a convenient time for you, stating extenuating circumstances.. your desire to NOT be seperated from your family who are/have moved.
I agree negotiation is best, but why are you making this a massive mountain when it appears to be a small mole hill?
"The head is in any case forbidden by law from giving an incorrectly negative reference. He can hardly deny you your work record, attendance record, exam success record or qualifications. In any case, he might be fed up at you leaving but many people are 'bigger' than that and would not give anything less than a postive reference if it is merited."
Ive been there and done that.. Headteachers do what they want often... some can be very nasty.
Having said that, isnt your notice period governed by term/half term breaks.
You could always give notice now for a convenient time for you, stating extenuating circumstances.. your desire to NOT be seperated from your family who are/have moved.
I agree negotiation is best, but why are you making this a massive mountain when it appears to be a small mole hill?
Regrettably my summer term is well udner way. I am expected to give a full term's notice. the next full term would be Christmas - Sept to Dec. I can't enter in Dec because my PR has expired!
I can only go in eraly and beg - and if all else fails get the union rep but.....
I would be much happier leaving on good terms and not burning all of my bridges.
B
Apr 25th 2004, 2:38 pm
#37
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Joined: Apr 2004
Posts: 34,649
But aren't you just a week or two into the summer term? Didn't it start just after Easter?
It's not as if you are dropping a bombshell in the third week of July.
If you are going to tell them you're not going to be around come September, it's better to do so sooner rather than later.
Jeremy
It's not as if you are dropping a bombshell in the third week of July.
If you are going to tell them you're not going to be around come September, it's better to do so sooner rather than later.
Jeremy
Originally posted by Berian
Regrettably my summer term is well udner way. I am expected to give a full term's notice. the next full term would be Christmas - Sept to Dec. I can't enter in Dec because my PR has expired!
I can only go in eraly and beg - and if all else fails get the union rep but.....
I would be much happier leaving on good terms and not burning all of my bridges.
B
Regrettably my summer term is well udner way. I am expected to give a full term's notice. the next full term would be Christmas - Sept to Dec. I can't enter in Dec because my PR has expired!
I can only go in eraly and beg - and if all else fails get the union rep but.....
I would be much happier leaving on good terms and not burning all of my bridges.
B
Last edited by JAJ; Apr 25th 2004 at 2:40 pm.
Apr 25th 2004, 6:36 pm
#38
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whats an rrv??
Apr 25th 2004, 8:23 pm
#39
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Originally posted by scottalison6
whats an rrv??
whats an rrv??
In reality its a Residents Return Visa, applied for and granted for a defined period of time, depending on the length of stay in Oz, for people to leave and return prior to them gaining citizenship.
If all you have is a perm residency visa, and you leave OZ, as I will most probably have to do to work out my notice, its a way back. However as we are in the UK at present, will have only been in Oz for 8 weeks when I leave, I may not be eligible hence the spouse visa bits on this thread.
Good luck
B
Apr 25th 2004, 8:59 pm
#40
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Joined: Apr 2004
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Posts: 146
Originally posted by scottalison6
whats an rrv??
whats an rrv??
It is a "Resident Return Visa"
Mark.
