Returning Resident Referral to BCAU

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Old Sep 12th 2009, 11:40 pm
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Question Returning Resident Referral to BCAU

hi i am hoping you can give me some help. my son came here as a permanent resident as as a minor with fathe mum sister and brother 20 years ago. he married an australian citizen 9 years ago and had a little boy. Due to the health of his grandmother in the uk 8 years ago they went back there to live and take care of her they have had a further two children who have been given australian citizenship.To compound the problem he unfortunately had a serious criminal offence 13 years ago in australia but nothing in the uk over the past 8 years they have referred it to the bcau. We are distraught at the thought of never seeing our grandchildren or children again. Do you think there will be any chance . All of their family ties are here in australia. thanks
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Old Sep 12th 2009, 11:48 pm
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Default Re: Returning Resident Referral to BCAU

I've moved this to a separate thread for you. You might get more help with your query that way.
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Old Sep 13th 2009, 2:33 am
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Default Re: Returning Resident Referral to BCAU

Originally Posted by belfast
hi i am hoping you can give me some help. my son came here as a permanent resident as as a minor with fathe mum sister and brother 20 years ago. he married an australian citizen 9 years ago and had a little boy. Due to the health of his grandmother in the uk 8 years ago they went back there to live and take care of her they have had a further two children who have been given australian citizenship.To compound the problem he unfortunately had a serious criminal offence 13 years ago in australia but nothing in the uk over the past 8 years they have referred it to the bcau. We are distraught at the thought of never seeing our grandchildren or children again. Do you think there will be any chance . All of their family ties are here in australia. thanks
Is he still married to the Aussie citizen? If so I would've tought he could apply for a Spouse visa even if the Return Resident is turned down. They will still look at the criminal record, but I believe they may be more lenient if its a Spouse Visa. Might be worth them engaging an agent though.
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Old Sep 13th 2009, 9:05 am
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Default Re: Returning Resident Referral to BCAU

Originally Posted by Pollyana
Is he still married to the Aussie citizen? If so I would've tought he could apply for a Spouse visa even if the Return Resident is turned down. They will still look at the criminal record, but I believe they may be more lenient if its a Spouse Visa. Might be worth them engaging an agent though.
thankyou so much for your suggestions. he was told by case manager to go for this type of visa but i have been told by someone other than immigration that if it is denied he cannot reapply. Very confusing to me, his wife is australian born and her parents and family are here, and sorry yes they are still married. I will advise them to get an agent tho. but am a bit scared that it is too late for that now..
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Old Sep 13th 2009, 9:14 am
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Default Re: Returning Resident Referral to BCAU

Originally Posted by Dorothy
I've moved this to a separate thread for you. You might get more help with your query that way.
thank you for helping me, not on greatest of terms with computers!
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Old Sep 13th 2009, 9:06 pm
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Default Re: Returning Resident Referral to BCAU

Originally Posted by belfast
thankyou so much for your suggestions. he was told by case manager to go for this type of visa but i have been told by someone other than immigration that if it is denied he cannot reapply. Very confusing to me, his wife is australian born and her parents and family are here, and sorry yes they are still married. I will advise them to get an agent tho. but am a bit scared that it is too late for that now..
Have a look for George Lombard - he posts on here and his contact details are in his posts. One of the best agents you can get and he'll give a straight answer. It may well be that if a RRV is refused they cannot reapply for that, but I can't see any reason why they couldn't apply for a Spouse Visa and come in that way
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Old Sep 15th 2009, 2:41 am
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Default Re: Returning Resident Referral to BCAU

Originally Posted by Pollyana
Have a look for George Lombard - he posts on here and his contact details are in his posts. One of the best agents you can get and he'll give a straight answer. It may well be that if a RRV is refused they cannot reapply for that, but I can't see any reason why they couldn't apply for a Spouse Visa and come in that way
A refusal on character grounds causes a whole host of problems and I would strongly recommend immediate professional assistance.

It's a shame the son and/or his family didn't take up the option of Australian citizenship before he found himself in legal difficulties.
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