littleblossom

Hi Guys

Don't know if anyone can please help me on my situation please.

Basically we have been living in Perth for nearly 12 months now and my hubby cannot settle here at all. He will not go back to the UK not even to do a holiday he just wants to move back lock stock and barrel.

I on the other hand really like it here and love my job. But because we have a son together I feel it necessary to take my son back so he can be close to his father and that is what my son wants to do also.

Our PR 176 ends in June 2012 of this year and if we return home say in Mayl of this year will we loose the right to come back into the country if we have not lived here in the last 2 years of 5 years is this please the case?

I am just worried that we will get home and my hubby will say I have made a huge mistake. Then we won't be able to re-enter the country.

Or I may feel I have made a huge mistake and want to come back on my own. Where would I stand with concerns to our son?

As anyone ever be in this situation or know of any advice you can give me please?

Many thanks

Susan

Scotty1

I got a 5 year RRV having lived here for only 9 months. You need to show that you have substantial ties to Oz - so a rental agreement, job, family etc.
It would not be sensible to leave without securing this - even were you to go back for a holiday.
Suggest you apply for one now - don't wait - then you have all your options open.
If you do leave without this you will have serious difficulty getting back in

Bermudashorts

I agree that if you are going to leave in May, you should apply for the RRV before you go. Unfortunately the rules have recently changed and it sounds like you would only get a one year RRV because you have not been in the country for 2 out of 5 years. I am not sure if you being in the country to the time of application makes any difference to that new rule.

Have you thought about trying another part of Australia. I know there are many that love Perth, but others can find it isolating, maybe the east coast would be more to his liking?

JAJ

As a general rule, you cannot remove a child from country of residence without permission from the other parent or a court order. This applies even if child is a PR/citizen of the "other" country.

So right now, your son is an Australian PR in Australia - therefore, if your husband leaves he cannot bring your son back to the United Kingdom if you choose to stay (unless he can persuade the Australian courts for a court order).

On the other hand, if you all move as a family back to the United Kingdom, and you change your mind and want to return, you can't automatically bring your son back to Australia. Your country of residence will have changed so you would need permission from the British courts.

BigChris

I'd try to agree a trip back and perhaps negotiate a delay in sending your stuff back, giving up house, etc (if you can manage this) for at least a few months after returning to see if he still feels the same once back in the UK. Get an RRV if you can before you leave.

Grass is always greener whichever side you are and the UK can seem like the place you really want to be until you're back. It's hard when one of you is unhappy and can't see the wood for the trees, but if you love him, you are a family and need to make a compromise one way or the other.

We moved back to UK over 5 years ago and now are ready to return, but will have to provide compelling reasons to get an RRV which is not going to be a piece of cake.

BC