ktyler1961

I am flying out to Melbourne on Saturday 30th March and arriving on 1st April. My current 5 year RRV expires on the 2nd April so I will be in Oz just in time (I was originally granted a Permy Res Visa in 2003). For one reason and another I have had to return to the UK over the years, sadly because of deaths in the family. During the last five years I have only spent six weeks in Oz in 2011.
Now I find out that I am compelled to return to the UK on the 20th of May, only seven weeks after I arrive, because I am the main witness in a trial, the details of which I cannot divulge.

I have looked on the Oz government website but I can't grasp the criteria for eligibility. It states I will need 'at least one of the following criteria' but has a list covering different scenarios...so is it just one from the list or all from one of the list of each scenario?
What is the situation when I approach Oz immigration for another RRV so that I can go back to the UK but also to ensure I can re-enter Oz? I am afraid that they will not grant me one.

h2oskineil

I'm no expert, but I understood that if you have PR, so long as you return to Oz within the 5 years of the RRV, it will be renewed.

My wife and her sister had to fly to the UK unexpectedly and the sisters RRV had expired. She had PR and simply sent the passport the UK Australian embassy and they re- stamped the passport with out any issues.

One of my nephews lives overseas. His family lives here and once every 5 years he comes for a holiday to keep his RRV current.

ABCD......

These are the main rules:

If you have spent a total of 730 days in the last 5 years in Australia as a permanent resident, then as long as your details are on DIAC systems, you can get a 5 year multiple entry RRV over the counter at a DIAC office.

If Applying ONSHORE (ie in Australia), you are ok as long as you did not spend a continuous period of 5 years or more outside Australia since your last permanent visa was granted.

If you have Property or Close family in Australia, the rules are more relaxed.

louie

I'm sure you've looked at the DIAC website.... you need "substantial business, cultural, employment or personal ties of benefit to Australia" for a discretionary one year RRV (you don't qualify for a 5 year one).

I think you are most likely to qualify for a 3 month RRV, unless you have links to Australia you haven't told us about (or a job). This might be one for a good agent though.

louie

Only if you qualify - see the link in my post above.

Presumably she was living in Australia and had been for some time? The OP's problem is that he isn't and will only have been for a few weeks when he leaves again, so will have had very little time to build up substantial links to Australia.

He's going to get a nasty shock soon. Even if his family connections are enough for him to get a RRV, in future he will only get a one year one unless he moves to Australia. The rules changed in 2011.

h2oskineil

Appreciate the info.... Cheers.

bluekipper

It`s very easy to do the RRV online, and you get it usually approved within 24 hrs, its $300 per person

Bermudashorts

Good grief you are cutting that fine ... I hope there are no delays or flight problems!

commonwealth

you should apply for RRV as soon as you arrive in OZ! the standard onshore processing time is 1 working day assuming your case is straightforward.

louie

The whole point that everyone seems to be missing is that his case is not straightforward - he has only spent 6 weeks in Australia in the last five years and as far as we know does not have any significant ties to the country yet.

commonwealth

yeah i realised that he wont get 5 years ergo i edited my post

roaringmouse

Even the 3 month RRV isn't guaranteed - the OP will need to successfully show a "compelling and compassionate reason" for BOTH the departure in May this year AND for the absence before returning to Australia 1st April (due to being absent for more than three continuous months immediately before making the application), as per the page you previously linked to.

It may be an idea for the OP to consult with a MARA-registered agent before leaving for Australia this Saturday.

louie

No, he won't (referring to the bit in bold). He will be in Australia (or at least should be) when he applies for the RRV. But I agree about consulting a MARA agent, although I don't see why he shouldn't wait until he gets to Australia. I'd be surprised if he didn't get a 3 month RRV given the circumstances, but then again I've been surprised before....

roaringmouse

The reason I suggested to consult with a MARA agent before going to Australia is to make sure the OP has all relevant evidence at hand to make the application - those 6-7 weeks in Australia will go quickly and the application needs to be made as early as possible during that period.

louie

Fair point, although I presume that a letter from the Court Service requiring him to attend court in the UK would be self-explanatory. Best to be sure given what is at stake though.