Hi all,

I have a partner visa subclass 100.

It was granted in april 2019. It states that i must not arrive after april 2024.

I was in Australia at the time it was granted - does that count as arriving? I have since moved back to the UK to help out my mum after my dad died. It didnt even cross my mind that I would be away 5 years at the time but its now 2023 and im still in the UK. So now im just wondering if i have to move back there before april 2024, or if i count as having arrived already - either from when i was there living at the time of the visa being granted, or when i went for a visit in 2022.

I'm aware i will need to apply for a resident return visa after april 2024 - but was wondering if i need to be in the country before then? Or if i need to just be in the country on that date and - if so, properly living there? Or can i just visit over that date and then apply for a resident return and leave again?

If anyone has any answers to this that would be amazing.

Thanks

If you were onshore when the 100 was granted, thats fine, its effectively been validated.

However, you will - as you know - need a RRV after April 2024, in order to re-enter Australia. If you haven't spent 2 years here out of the last 5, then you will not get a 5 year RRV, and you will have to prove ties to the country.

Thanks for that Pollyana much appreciated. Do you know how long a RRV would i get if not the 5 years? Do they take long to come through?

Thanks again

They can issue a 12 month or 3 month RRV if you don't meet the criteria for the 5 year Visa

Can't help on current timelines though, sorry

Thank you

All info in this link https://immi.homeaffairs.gov.au/visa...57#Eligibility

Thanks spouse of scouse... might look into becoming a citizen

Once you qualify for it, its worth it, if only because its cheaper than getting an RRV every 5 years

Didn't want to start a new thread about the RRV so I thought I'd ask here - is there a cut-off date after which you cannot apply for the RRV any more and should just initiate the entire immigration procedure all over again (even though you might still be classified as a PR in the system simply because you haven't returned to Australia in the meantime as a tourist, which would have invalidated the PR)?

A month or two ago we just crossed the 5-year mark since my wife's "last date of entry" deadline but still haven't moved back to Australia, instead ending up in the Canary Islands (talk about having a broken compass...). Is the RRV still an option in the future?

Its definitely still an option. The more ties there are to Australia, the higher the likelihood of a grant. However, the longer the absence, and the weaker the ties, the lower the likelihood of getting another RRV.
In order to get a 5 year one, your wife would need the "2 years residency within 5 years" clause ticked. Without that she would be looking at a 1 year or even 3 month RRV.
There's no set time after which no more are granted, the 1 year and 3 month RRVs are discretionary, and you won't really know if one will be granted until she applies. If Immigration think there is no intention t move back, thy may refuse one.

Thank you. We only spent about 17-18 months in the GC before heading out, so I guess the 5-year option is beyond reach. But it's reassuring to know that the RRV remains a possibility, even if only a short one was to be issued. I take it the key right now is not to return for a short visit, as applying for entry as a tourist would invalidate the PR... and hence take the RRV off the table completely?

So the logical course of action is to stay put and only apply for a RRV once we are certain of actually using it and moving back. Assuming that all goes well, but the RRV is just for 3 months, would my wife then be unable to do a short holiday abroad as it would put her in the same situation as she is in now?

If she is in Aus on a 3 month RRV, she can leave for a holiday but would need to return before the RRV expires.

Understood, thanks. And at present no going back for a short visit (as a tourist) before getting the RRV?

There are differing views on that. Strictly speaking, from what I was told years ago, getting a tourist visa should cancel the PR, However more recently some agents have said that it won't cancel it, you can apply to have the PR reinstated.
There's an agent, Paul Hand, who now posts on here and he has posted a lot about the RRV, maybe get in touch with him, as it seems to be a grey area.