Soja

Hi All,

been a long time since I posted here...I got my PR Visa (189) almost 4 years ago. I haven't made the move yet.

I realise my travel facility will expire in around 13 months. It seems unlikely that I move over in that time frame. Total time spent in OZ so far: 3 months.

This brings "ties" or other options on the table.....Can I have your (very much valued!) experience on my options?

- Ties: father- in- law Australian (husband Kiwi), some Australian friends
- possible to purchase property there before PR expires (would rent it out)

I dont think this would allow me several 1 year RRVs? Maybe 1 or 2 but certainly at some stage, I would need to make the move over (otherwise- why bother with the visa, it just seems such wrong timing for the next say 5 years).

I read that the RRV can also be applied for by "former" PR. When I read the "Homeaffair" website it sounds like, I can not be away from OZ for a continuous period of 5 years (ok, doable)- or 5 years in total over 10 years?? How does that work?

Husband (Kiwi) could move over, in lets say 4 years, establish his own ties, then get his own RRV (big thing for Kiwis, who came before 1994 and were thus considered PR- they can apply for RRV if they set up residence in OZ again, he would be eligible) - can I then apply as a "family member" of a RRV holder?

Thank you for all your help!

carcajou

A few things.

First, is your husband sure that he is not an Australian Citizen? If he was born outside Australia, and your father-in-law was an Australian Citizen at the time - this is worth checking.

https://www.homeaffairs.gov.au/trav/...ptions/descent

If not, I am not sure having an Australian father-in-law - but a non-citizen husband - will count as "ties" (having Australian friends definitely won't).

Buying a property - that will depend on numerous factors as to if it will help. However, buying a property on the hopes it will grant you a one-year RRV, that you probably aren't going to use, seems very risky.

Second, if not, and neither of you can get RRVs, all is not lost: Your husband can enter Australia on the subclass 444, Special Category Visa, and can then sponsor you on a subclass 461 visa (family member of New Zealand Citizen). Of course, that cancels out your PR, and New Zealand Citizens on the Special Category Visa, while able to live and work here, cannot access benefits. A New Zealander I worked with in the Middle East married an American, and when they retired, she didn't want to go back to the cold, we Kiwiland and wanted to retire in the Gold Coast, and that was the route they took.

https://www.homeaffairs.gov.au/trav/visa-1/461-

Third, if your husband was an Australian permanent resident prior to 1994, those rights are retained and he can apply for a RRV, provided his previous PR was not canceled. It will be vitally important that he check this, because I'm not sure how the travel facility would have interacted with that and if he entered Australia after a potential travel facility on his PR ended, he may have been granted an SCV which would have canceled the PR:

https://www.homeaffairs.gov.au/trav/life/new-

Perhaps he can go into VEVO and check his status. Anyways, on an RRV he can sponsor you.

You may want to consult a MARA-registered agent.

Good luck.

Soja

Thank you for your detailed reply!! Much appreciated.

Yes, I can confirm, husband is 100% not an AU Citizen.

The NZ Family visa is an option, indeed. As it doesn't come with medicare it would be our last option though.

Regarding the cancellation of PR when going to OZ on any temp visa after "losing" PR: I know this is often said. But I am wondering how accurate this one is. I personally know of people who went to OZ on a tourist visa (or other temp visas), re-established ties (house, kids in school etc.) then applied for a RRV as a "former" PR and got their RRV granted.

Could anyone comment on this one?

Pollyana

Technically speaking, one can only hold one visa at a time, and when a new visa is issued it cancels our the previous one, so getting a tourist visa would cancel the PR visa. Thats why we warn people about it.

But, based on many years of watching forums, sometimes they lose the PR, sometimes they appeal to DOHA and get it reinstated, sometimes they appeal and get rejected. No hard and fast rule is applied, and it seems luck of the draw and may even be down to what the case officer had for breakfast.

BritInParis

Did your father-in-law became an Australian citizen after your husband was born?

Soja

yes, he only became an AU Citizen when hubby was already mid-twenties