TheLark

Hi All,

Quick query regarding the RRV and any preceedents set for my query.

I was a permanent resident in OZ but was taken home to Ireland by my parents when I was a minor where I finished my schooling (was in full time education until I was 23 and financially dependent on my parents).

Due to things outside my control I could only return to Oz this year on a Working Holiday Visa.

I applied for my RRV in November and got a call from a Deciding Officer who was pretty rude and who hadnt read my application or supporting evidence fully (dont want to give too much away on this as I have an official complaint in about the treatment i received).

She basically told me my reasons werent compelling enough to be oustside the country for this length and its looking like a refusal.

She said I should have made an attempt to return when I was 18!!! At this stage i was still in school so it was impossible for me to return.

What I am looking for is if anyone has had this problem ie taken back from Oz as a minor and trying to return as an adult and acquiring an RRV?

I need to find a preceedent so I can appeal the impending refusal.

Any advice on this or similar stories to mine where they have got the RRV back would be great.

Dorothy

http://www.mrt-rrt.gov.au/ I would think a search of the migration review tribunal database would get you more joy than asking here.

Pollyana

I'd also suggest some professional advice from a MARA registered agent. RRV grants have been discussed at length on here in recent months but I haven't seen a case quite like yours. Talk to an agent before you go back to DIAC.

JAJ

Most agents have little or no experience of RRVs. I would suggest Ian Harrop as he is UK based and hence probably does see a few from time to time.

Otherwise try IARC http://www.iarc.asn.au, but you still may not get someone who knows a lot about RRVs, and even if you do, you may have spent too much time outside Australia to be eligible.

TheLark

Thanks for all the advice. Think this is going to be a long process. My main problem is time spent outside of Oz and in the Govt eyes I should have come back sooner.

Might have to get sponsored if I want to stay now as I dont think I can apply for other Visa's.

Can you apply for residency even if your occupation isnt on the Critical Skills List?

Dorothy

Yes. So long as you have an occupation on the SOL and can get enough points you can apply for a skilled migrant visa. Bear in mind that the processing time is currently anywhere from 6 months to 3 years.

www.immi.gov.au is where to start - read booklet 6.

TheLark

Hi Dorothy,

Thanks for the response. I didnt realise you can get a sponsored visa from a relative. Any idea how this works and how much it costs. My Uncle and Aunt are permanent residents for over 25 years and if I ask them they will sponsor me but just need to know the cost. I am looking on the website but cant see too much on it.

Dorothy

Booklet 6 at www.immi.gov.au has everything you need to know. In order to be sponsored by your relative you still need to have a skill on the list, meet the health and character requirements, have the requisite work experience and have a skills assessment.

Print yourself a copy of booklet 6 and read it. Then read it again and again and again. By the time you are ready to apply for a visa you should know every word written in the book.

Les Mighalls

Those based outside of Australia, perhaps.

I have four on my desk at the moment, none of which meet the 2 out of 5 rule.

Perhaps the OP is looking at the wrong visa. Rather than a RRV, depending on his circumstances he may be more suited to a Former Resident Visa, Subclass 151.

http://www.immi.gov.au/migrants/residents/151/

TheLark

The issue they say they have is that I was outside the country for over 5 years and they seem to be rejecting completely that I was in full time eduction.

My 3 sisters are citizens (not living here presently) and I have family over here who are permanent residents and citizens but dont seem to be taking this into account.

The other visa isnt applicable to me as I checked this already.

Any advice on what I can do if the RRV is refused. Is it worth appealing?

koalakim

Hi

As the OP says you might need to do the former resident. There is or was a visa for those people in your situation whereby they spent their formative years in Oz. I'm not sure exactly how long you had to be in Oz for but a guy who used to work with me was in the same situation.

Like a lot of kids he came over as a 10 pound pom spent a few years here before the folks got homesick and went back without taking up citizenship. I do know that he did get his visa in the end but it took years! You may be better off trying to get here a different way under your own application or work sponsorship. If you have Aussie citizens as direct rellies then they could also help with sponsorship.

Check the rules as knowing the immigration department they keep changing them but it's down the bottom of the list under special circumstances or something.

Hope this helps!

KK

Les Mighalls

You haven't provided enough information to give any idea.

If you email me a timeline giving dates for your arrival(s), departure(s), schooling etc with particular reference to your time in Australia I'll happily examine whether you may qualify for a 151 and, if not, give you an idea of what paths may be open to you.