celcite

Hi,

I am in the process of applying resident return visa for my spouse.She have Australian citizen children from her first husband.Due to family reason and her job in MiddleEast she didn't spent enough time in Australia and her visa is expired now.

Like all other first world developed countries, do she need to appear for any visa interview and figer print (biometric information) for Australian visa?Or its just only filling up forms and providing tons/containers of paper work (which will lie in DIAC cupboards) only.

Thanks,

Mikeyc

When I got a Resident Return (before I took out Citizenship) I just filled out the forms and gave them to the Embassy in Dublin with my passport, 3 hours later it had my RRV in it.

That was in 2001, don’t know if it’s still as quick?

Good luck.

Mikey

Dorothy

If her visa has expired then I don't think she cannot apply for a resident return visa. As far as I know she will need to apply for a new visa.

Mikeyc

No, that’s why she would need a RRV, that’s why I needed to get one as the PR Visa I came on expired (5 years later), so I needed to get a Resident Return Visa. (assuming she had a PR Visa to begin with)

The RRV is for Permanent Residents who’s PR Visa has expired, and you get it as long as you meet the criteria (ie: spent a certain amount of time in Oz in the last 5 years etc)

Mikey

Dorothy

But as he said his wife has not spent time in Australia.
Due to family reason and her job in MiddleEast she didn't spent enough time in Australia and her visa is expired now.

ABCDiamond

I was in the same situation as the OP once.

My PR had expired and I hadn't been in Australia for a 4-5 years.

To get back in, I did have to go through TWO interviews, and PROVE why I shouldn't have to go through the full immigration process again.

My proof was having an Australian wife and an Australian child, with all of us having the intentions of resuming living in Australia. It wasn't easy though, and did take two interviews, with documentation.

JAJ

That is not correct information. It is not necessarily a requirement for the previous visa to be valid still.

ex_exile

It would go to the issues of how much time she spent in Australia during the 5 years (and we dont know this) or as to whether her children are Australian based in which case she could probably claim to have strong ties to Australia sufficient to allow the issue of a RRV.

sonlymewalter

If someone has a perm visa but only validated, are they able to move to Aus from UK so long as it's within the visa expiry date or do they have to re-apply due to only having validated?

ex_exile

You can enter Australia up to the last day of the original visa's validity and once in Australia you are free to live there permanently. You do not need a RRV unless you intend to leave and return.

Mikeyc

If your PR is still in the Valid date you dont need a RRV, you only get a RRV when your PR has expired, most people get take out citizenship instead

Dorothy

I never said it was correct information. I said "I don't think she can get an RRV" and "as far as I know she had to apply for a new one."

sonlymewalter

Great. Thanks for that

Alborg

I've read 2 out of 5 years in Oz is normally the minimum required to gain a another 5 years on a PR visa.

Just out of interest, how is the 2 years calculated? eg. if you only lived in Oz for 2 years out of the 5 and you had 2 holidays back to the UK within the 2 years totalling 2 months does this mean you only have 22 months in Oz? Or would they make a distinction between a holiday and actually "leaving" Australia?

louie

It's days in Australia. So holidays (or any other absences) don't count towards the total i.e. you'd only have 22 months in your example.