British Expats

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-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   Old STNI visa extension (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/old-stni-visa-extension-662986/)

move_to_aus Apr 7th 2010 12:09 pm

Old STNI visa extension
 
Hi There,
I got STNI visa and went for validation to Melbourne on august 2006.

My total 5 years visa will expire on 10-Nov-2010.

But due to my personal problem i cannot go for my settlement before Dec-2010.
I need to extend my visa by at least few months so that i can go for settlement forever.

FYI - i had already bought one flat in center of Melbourne and that will be handover to me on this august 2010.

If i send me passport to Australian embassy will they extend or what shall i do to extend this by few months?

Thanks in advance,
JT.:(

Bermudashorts Apr 7th 2010 12:16 pm

Re: Old STNI visa extension
 

Originally Posted by move_to_aus (Post 8478678)
Hi There,
I got STNI visa and went for validation to Melbourne on august 2006.

My total 5 years visa will expire on 10-Nov-2010.

But due to my personal problem i cannot go for my settlement before Dec-2010.
I need to extend my visa by at least few months so that i can go for settlement forever.

FYI - i had already bought one flat in center of Melbourne and that will be handover to me on this august 2010.

If i send me passport to Australian embassy will they extend or what shall i do to extend this by few months?

Thanks in advance,
JT.:(

Never heard of an STNI visa. But assuming it works the same way as the skilled migrant visas then you will not be able to just ask DIAC to extend for a few more months. They would be inclined to think that 5 years is long enough. Your choice is to use it or lose it... I recommend trying to bring your date forward a month or so.

moneypenny20 Apr 7th 2010 12:17 pm

Re: Old STNI visa extension
 

Originally Posted by move_to_aus (Post 8478678)
Hi There,
I got STNI visa and went for validation to Melbourne on august 2006.

My total 5 years visa will expire on 10-Nov-2010.

But due to my personal problem i cannot go for my settlement before Dec-2010.
I need to extend my visa by at least few months so that i can go for settlement forever.

FYI - i had already bought one flat in center of Melbourne and that will be handover to me on this august 2010.

If i send me passport to Australian embassy will they extend or what shall i do to extend this by few months?

Thanks in advance,
JT.:(

As far as I know you can't extend a visa. If you can prove substantial ties with the country you could go for a RRV but you do need to have lived here at some point I would have thought. You've had five years to move here, I fail to see why DIAC should give you an extension. Not making a judgement, just how I believe DIAC would see the situation.

move_to_aus Apr 8th 2010 9:35 am

Re: Old STNI visa extension
 
Thanks a lot for both of you clearing my doubt.
If i plan to go on Oct this year; can i apply for RRV from Aus after few months and come back to my place to finish my pending stuff.
Will they give me extension for that?
Thanks in advance,
JT.

Bermudashorts Apr 8th 2010 10:16 am

Re: Old STNI visa extension
 
You will not get a 5 year RRV unless you can show substantial ties to Australia. If you think you can establish substantial ties in this space of time then maybe you have a chance. Personally, I would think that would be quite difficult.

There is also a 3m RRV, this can be applied for in exceptional cirucmstances but again it is down to whether DIAC consider going back to "finish pending stuff" is an exceptional circumstance. They might think you have had 5 years to finish your pending stuff and that is quite long enough.

My view is that there is a fair bit of uncertainty with this proposal. You would be a lot better off finishing your pending stuff in the next 8 months before your 5 years is up.

move_to_aus Apr 8th 2010 11:14 am

Re: Old STNI visa extension
 
Hi Ya,
Thanks a lot for your quick reply and you are right in one case but this is not possible from my side because i can complete that task only in Dec 2010.
I think best idea will be to move Aus on 1st of Nov will be the realistic plan.
I had already drop mail to DIAC stating my situation, let's see how will they take this, i will update forum if i receive anything from them.
Thanks a lot for your suggestions.
Regards,
Jeetendra.

welshtony Apr 8th 2010 11:48 am

Re: Old STNI visa extension
 
It is much easier to meet the requirements for grant of a 3 month RRV, when you are applying inside Australia. If you have to leave for some personal reason that requires your presence overseas, there should be no problem.

Regards

Tony

move_to_aus Apr 8th 2010 12:14 pm

Re: Old STNI visa extension
 
Thanks Tony,
I am thinking the same.
Thanks,
JT

move_to_aus Apr 8th 2010 2:42 pm

Re: Old STNI visa extension
 
Hi ya,
This is reply i got from Australian Embassy may be this will others too:

Thank you for your enquiry. Please see below information on Resident Return Visa. For further information see our website www.immi.gov.au.

Resident Return Visa (Subclass 155)

General Information

To be eligible for a Resident Return Visa (RRV), you must be:

· a permanent resident holding a valid permanent visa,
· a former permanent resident whose last permanent visa was not cancelled, or
· a former Australian citizen who has lost or renounced their Australian citizenship.

In addition to the above, to be eligible for a five year RRV, you must:

· be lawfully present in Australia for a total of at least two years in the five years immediately before lodging the application for the visa, or
· if you have been absent for more than three (3) years but less than five (5) years you must demonstrate you have substantial and beneficial ties to Australia
· if you have been absent for more than five (5) years you must demonstrate substantial and beneficial ties to Australia AND compelling reasons for your absence.
· be a member of the family unit of a person who holds a valid RRV or who has applied for and met the criteria for an RRV.

Your current passport and any other evidence you are asked to provide in support of your claims. Supporting evidence could include:

· evidence of substantial business, cultural, employment or personal ties in Australia (if you have not spent two out of the last five years residing in Australia),
· evidence of compelling reasons for absences from Australia for a continuous period of more than five years,
· evidence of any name changes (for example, marriage certificate, deed poll)

Permanent residency visas are usually granted for a period of five (5) years and allow the visa holder to travel back and forth between Australia during that validity period. If your visa label shows that it is valid for entry until a specific date, then that is when the visa validity period expires. If you are outside Australia beyond that date, you would need to apply for a Resident Return Visa. Meeting the residency requirements for a Resident Return Visa in future years could become difficult if you intend to live outside of Australia for several years now that you have been granted an Australian permanent resident visa. All permanent residents need to apply separately for a Resident Return Visa. If you were not the primary applicant for permanent residency and were only listed on the primary applicant’s passport you will still need to apply for your own Resident Return Visa and pay a separate visa application charge.

Please refer to the following website for further information, including residency requirements for the Resident Return Visa:

http://www.immi.gov.au/migrants/residents/155/

Processing time for a Resident Return Visa is approximately 7 working days however these times may vary on a case by case basis. You will be contacted by your case officer within 7 working days at which point the processing time for you case will be advised. The application form 1085 is required and the visa application charge is £155.

Form 1085:
http://www.immi.gov.au/allforms/pdf/1085.pdf

Substantial Ties which are of Benefit to Australia

The following questions show how a decision maker approaches an assessment of this criterion:

1. Does the person have business, cultural, employment or personal ties with Australia?
2. Are the ties substantial?
3. Are they of benefit to Australia, or will they benefit Australia in the future?

Substantial Business Ties which are of Benefit to Australia

· Business activity implies ongoing, regular activity that is commercial in nature and has an intention to make a profit.
· In assessing whether a business tie is a substantial tie with Australia, it is relevant to consider:
· whether the business employs or will employ Australian citizens or permanent residents other than the applicant
· whether it generates or will generate revenue in or for Australia
· the size of the business or
· the proportion of the business involving ties to Australia and the extent of any business ties the applicant has with any other country.

A person claiming business ties to Australia is expected to be personally involved in a business that is being set up in, or is operating in Australia.

Substantial cultural ties of benefit to Australia

An applicant involved in any of a range of intellectual, artistic, sporting or religious pursuits which are not strictly of a business or employment nature may also have a cultural tie with Australia. A substantial cultural tie may exist if the applicant's cultural pursuits are conducted at a professional level or with a degree of public recognition.

Substantial employment ties which are of benefit to Australia

An applicant who is currently employed in Australia, or who has accepted a formal offer of employment in Australia, has an employment tie with Australia.
In assessing whether an employment tie is substantial, a relevant consideration is whether the applicant is employed in a permanent, temporary or contract capacity, and an agreed wage or salary is paid to undertake the work. Casual work would not normally be considered to be a substantial tie.

Personal ties which are of benefit to Australia

Decision makers have the flexibility to consider a range of personal ties to Australia that may not fall under the categories of business, cultural or employment ties, but are the reason for the applicant's wish to return to Australia.

Relevant considerations in assessing whether a personal tie is substantial are whether an applicant regards Australia as home and whether the applicant has stronger ties of a similar nature in any other country. It is recognised that a person may have substantial ties to more than one country.

Applicants who want an existing Resident Return Visa (RRV) re-evidenced into a new passport will need to complete Form 1085 and pay the £60 visa application charge.



Please note:
The United Kingdom and Ireland medical panel are currently under review. Please ensure you check doctor details near to the date of your intended appointment as changes may have been made and previous listed clinics may no longer be available. Failure to attend a formal clinic may lead to a request to repeat the medical examination. Panel doctor details can be checked at: http://www.immi.gov.au/contacts/panel-doctors/

-The advice you are given by the London Contact Centre will be based on the information you supply.
-We cannot advise clients on the likely outcome of any visa application, as applications are assessed on an individual basis.
-The Department of Immigration and Citizenship Strongly recommends that clients do not make any irreversible travel bookings until they have been granted an appropriate visa.

If you would like help finding the right Australian visa, please visit the Visa Wizard website: http://www.immi.gov.au/visawizard
We hope this information has been of assistance.

Yours faithfully,


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