Hi, I was referred to this site by another member for some advice regarding an RRV. (have emailed Australia House multiple times but they are absolutely useless in helping)

A friend of mine returned to the U.K. in 2004 after living in Oz for 17 years to look after her terminally ill mother. At the time, she was issued a 5 year Permanent Resident Visa which she wrongly assumed was continually valid as long as she returned once within a 5 year period (last returned in 2008). She recently lost her passport and now needs to return to Australia for good but after contacting Australia House to replace her lost visa, she was informed that it had now expired and that she would have to apply for an RRV.

As we understand it, there is no garuantee that she will be granted this RRV because she has overstayed the 5 year period and she's a little worried that she won't be able to get back to her children. She has 5 children in Australia (3 of which were born there) but no compelling evidence to say why she stayed in Englad for 6 years. Where does she stand? She was hoping to be back by December because her first grandchild is due.

Also, on the form it asks;

"Do you have a current Permanent Resident Visa, or did you have one when you last left Australia?"

If answered yes;

"You will need to provide evidence of this visa. Generally, the simplest way to do this is to provide a passport containing the visa. If you are unable to provide this, you should contact the department or an Australian mission overseas to discuss alternative forms of evidence"

Because she lost her passport that contained the Permanent Resident Visa, how would she provide evidence of this visa? Because she now has a new passport, it is no longer linked to her new one.

You're right there is no guarantee she will get the RRV but I think she has a very good chance. 17 years and 5 children would make a good case I think, I have heard of people getting RRV's for more tenuous reasons.

Does she not have a record of her old passport number somewhere? The visa will be linked to that and DIAC should be able to trace it.

Thanks for the reply.

Unfortunately she has no written records of her previous passport/visa number so I guess she'll have to contact Austrlia House and make some enquiries regarding providing evidence of that. She also doesn't remember the date she was granted the visa or the date it expired because of this. The form is looking quite blank at the moment because of this.

To be honest it's a pain in the arse because she's as th*ck as a plank of wood, she doesn't have any evidencing documents and she's asking me all manner of questions which I don't have the first clue how to answer. How much would it cost to get a Migration Agent to fill out the form and build a case for her?

She migrated to Austrlia with her married name - A, re-married to an Australian citizen whilst there and used his name - B, and since being in England she has divorced him and is back to her maiden name - C, so I imagine they'll want evidence of all of this, which means she'll have to apply for 2 marriage certificates. Her original PRV was issued to her name A but her most recent PRV was issued to her in name B and now she's applying in name C. It's a nightmare.

I was wondering why she didn't organise citizenship and decided not to ask! Disorganisation could be the answer.

I think using a migration agent to get a RRV when PR has "expired" is a very good idea and would encourage her to do this if I were you. I am really not sure what it would cost, maybe a few hundred pounds, up to £500 maybe? Pure guess based on what I have seen visa apps cost. Still the migration agent won't be able to find these documents for her put perhaps can tell her / help her track them down through immi.

Yep, I've quizzed her on citizenship status too but she said "she didn't want to give up any British rights" but I don't know the ins and outs of it or whether dual citizenship applies. I think I'll have to advise her to contact an MARA Migration agent.

I have been advised to build a good solid case to support her application so if anyone else has gone through this procedure, any advice there would be appreciated. For instance, whilst living there she studied at Warragul Tafe College for 1 year, got a certificate and worked at Mecwa for 3 years, so would including a copy of this Australian certificate aid her case in regards to "personal ties and benefits to Australia", or is it periphery?

She won't lose any British rights, dual citizenship is allowed, loads of people have it.

I think the main strength in her case is around her children being in Australia, having spent 17 years there and also does she have any property perhaps?

She did have property there until 2005, joint in her and her ex husbands name, but after he filed for divorce it had to be sold to sort out the settlement so no, not anymore.

I'll have to advise her on that, that she won't lose any British rights and can get dual citizenship. (She thought she had to give one up for the other). If she is granted an RRV, I'll have to look up the criteria for applying. So if she had dual citizenship right now, she wouldn't be in this predicament? She'd be able to live between the U.K. and Oz without applying for 5 year visas?

Yes she would have been ok, it is something she probably should have done a long time ago. I am not sure she would be able to get it now without living in Australia for another four years.

She's so silly! She intends to return for good now because her first grandchild is due in December so the 4 year residency won't be an issue, depending on whether she's granted an RRV, but things are looking positive at the moment going by the advice I've been given.

Thanks for ironing out some queries and shedding a little light for me, very useful and greatly appreciated.

Quick question.

Is there any way of getting in contact with DIAC other than their ridiculously priced phone service? She tried phoning to get evidence of her last visa but after 10 minutes of recorded gibberish, run out of money. How long does the average phone call to this place last? She isn't in a position right now to be able to spend £30 on phone calls willy nilly.

Also, she asked me to ask whether she could apply for her RRV within Australia? Because at the moment she just wants to get up and go, sort it out that end where her 5 children can help sort everything out for her.

Her best bet would be to give a registered agent a call, that may well turn out to be cheaper than phoning DIAC. And although she probably could get a tourist visa and then apply for a RRV onshore I think I've heard that this might not be a good idea if she is trying to get a RRV on the strength of her original PR visa. An agent could tell her whether thats right or not.

Just to add that in previous threads Ian Harrop have been recommended as being a good agent for RRV issues

Thanks so much for the recommendation, is Ian Harrop around on this site or do I just google his name for a phone number/website?

She's just feeling really low at the moment and wants to get back to her kids/expected grandchild.

EDIT: Found his website, thanks.

http://www.ianharrop.co.uk

She probably has a good chance of a concessional 5 yr RRV, especially as she used it in 2008 (so she meets the 5 year absence rule). Which means that she only needs to show "substantial ties" to Australia and not compelling reasons for absence - IF she applies offshore as someone who last held a permanent visa.

The regulations are complex, but going to Australia on a tourist status risks complicating matters.

Thank you, shot off an email to Ian and passed on his phone number to my friend who is going to phone him on Monday to set the ball in motion.

Since arriving here she has visited Oz regularly on her visa, I think she has been back to Australia 4 times since 2004. Will definitely advise her not to make any rash decisions and jump back on a plane if it will confuse matters. I'm sure Ian will advise her not to do that too.

Thanks for all the help and recommendations, very much appreciated and clueless without it.