brissybound

Hi Foks

Been a long time since posting hope everyone is well.

I was living in Oz between 2008 and 2012 on a temp spouse visa. I was granted PR in 2012 however went home for personal reasons. WAs only meant to stay a year but ended up meeting a girl and had a young daughter. She is now 5 and we are desperate to get back to Oz. Now we had all this organised 2 years ago, Jan 2016. One way flights were booked etc and I had a verbal promise of a job set up.

However I went to a wedding 2 weeks before teh day we were supposed to fly out and had ana ccident. I choked on some roast beef and spent the next 5 weeks in hospital, 3 weeks of that were an induced coma. Obviously this has taken quite a bit of time to get over and having a young daughter has put our plans on hold.

I am looking at the RRV visa and actually the 1 year one would be best as it gives you longer to get back there but realistically the 3 month one is the best we can hope for.

Although I am very concerned that I might not meet the requirements:

• have spent at least one day in the last five years lawfully in Australia - check
• have spent less than two years in the last five years in Australia - check
• have been a permanent resident or an Australian citizen for the entire period spent in Australia - most of my time was temp on NZ spouse
• provide evidence that there is a compelling and compassionate reason for your departure - this is the tricky part. While I have compelling evidence of why I failed to return before my visa expired, the reason I left is not too great.

Would the fact I was hospitalised and unable to return as well as showing evidence of our plans to return, help counter that argument? Would it be best to be honest about reasons for leaving?

I paid an agency 400 quid about a year and a half a go now and they kept advising me not to submit until we were absolutely 100% ready.

I am always worried about compelling ties to Australia. While my partner has her dad and dister there, they wont be applying on my visa and I dont think it will carry much weight on my behalf.

Also would the coma work against me? I'm 46 now and get teh feeling this could be seen as a health risk?

Any advice greatly appreciated.

Thanks in advance
Brissy

Pollyana

What visa are your partner and child proposing to move on?

brissybound

Hi Pollyana

My partner would be coming over on a 12 month holiday visa while applying for defacto of a PR onshore. My daughter would be the same as I have been told she can attend school while waiting on dependent VISA's being granted? I hope I have got that correct? So in essence:

1. I resume my permanent residency, get a job, flat etc
2. Partner and daughter move over - apply for defacto/child dependent onshore

Reckon it will cost a fortune though. There is a heavy assumption that my 5 year old can attend public school while waiting on her visa? I am sure I read that was the case?

Pollyana

Ah, ok. I was hoping you were going to say they were Aussies.

So, yes, it will be expensive, $7k for the Spouse Visa, plus about another $1k for the child as a dependent, plus medicals etc. However there are other things to bear in mind. Changes to the Spouse Visa are imminent; there aren't many details yet but it seems the sponsor may have to go through an approval process first, taking several months, before the applicant can actually apply. The danger here is that someone onshore on a tourist visa may find their visa expiring before the sponsor gets approval. Its also possible they may not grant a full 12 months, especially if they feel she is not a tourist.
If you are planning to move first and get set up with a job, flat etc, then it might be worth thinking about her applying offshore instead, 309/100 instead of 820/801

Schoolwise, you'd need to check with the state concerned as they all have different rules. You would almost certainly be required to pay international fees if she is on a tourist visa, and I believe (though willing to stand corrected) that there is a limit of 3 months for studying whilst a tourist.

There's no medical generally required for a RRV.

brissybound

Thanks Pollyana

The offshore suggestion seems the most logical however I don't think we as a family would survive the 12 - 15 month wait. By that I mean me living on the other side of the world for over a year without them? That would kill me. Financially it would be the better option though.

Spoke to my agent this afternoon and he thinks onshore is best option. He is pretty confident that I will get a 12 month RRV which would be great as we could possibly apply much sooner, however he says you cant rule out a 3 month or even rejection.

Pollyana

He's right, and judging by timelines I've seen lately it can take several months to get a reply, so be prepared for a wait.

brissybound

Yes he said if we wanted to go in November then submitting it now would be too soon. He reckons its 3 months normally.

What is the deal with children visiting you when they are in the middle of applying for a dependant PR visa? Do they have to stay away from Oz? I think I could maybe just about handle it if she could come and visit every holiday but not waiting over a year. Nothing is worth that kind of heartache.

Pollyana

They should be able to visit on the usual 3 month evisitor; just let Immigration know what they are doing. The 309/100 can't be granted while they are onshore but they should be able to come over in the meantime.

Paul Hand