RRV - Coma compelling enough?

Old Feb 20th 2019, 10:01 am
  #1  
Forum Regular
Thread Starter
 
Joined: Aug 2007
Posts: 150
brissybound is a jewel in the roughbrissybound is a jewel in the roughbrissybound is a jewel in the roughbrissybound is a jewel in the roughbrissybound is a jewel in the rough
Default RRV - Coma compelling enough?

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


brissybound is offline  
Old Feb 20th 2019, 10:38 am
  #2  
Alone again, naturally
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 92,447
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: RRV - Coma compelling enough?

Originally Posted by brissybound View Post
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
What visa are your partner and child proposing to move on?
Pollyana is offline  
Old Feb 20th 2019, 11:22 am
  #3  
Forum Regular
Thread Starter
 
Joined: Aug 2007
Posts: 150
brissybound is a jewel in the roughbrissybound is a jewel in the roughbrissybound is a jewel in the roughbrissybound is a jewel in the roughbrissybound is a jewel in the rough
Default Re: RRV - Coma compelling enough?

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?
brissybound is offline  
Old Feb 20th 2019, 2:44 pm
  #4  
Alone again, naturally
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 92,447
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: RRV - Coma compelling enough?

Originally Posted by brissybound View Post
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?
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.
Pollyana is offline  
Old Feb 20th 2019, 3:35 pm
  #5  
Forum Regular
Thread Starter
 
Joined: Aug 2007
Posts: 150
brissybound is a jewel in the roughbrissybound is a jewel in the roughbrissybound is a jewel in the roughbrissybound is a jewel in the roughbrissybound is a jewel in the rough
Default Re: RRV - Coma compelling enough?

Originally Posted by Pollyana View Post
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.
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.
brissybound is offline  
Old Feb 20th 2019, 4:25 pm
  #6  
Alone again, naturally
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 92,447
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: RRV - Coma compelling enough?

Originally Posted by brissybound View Post
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.
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.
Pollyana is offline  
Old Feb 20th 2019, 4:53 pm
  #7  
Forum Regular
Thread Starter
 
Joined: Aug 2007
Posts: 150
brissybound is a jewel in the roughbrissybound is a jewel in the roughbrissybound is a jewel in the roughbrissybound is a jewel in the roughbrissybound is a jewel in the rough
Default Re: RRV - Coma compelling enough?

Originally Posted by Pollyana View Post
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.
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.
brissybound is offline  
Old Feb 20th 2019, 7:44 pm
  #8  
Alone again, naturally
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 92,447
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: RRV - Coma compelling enough?

Originally Posted by brissybound View Post
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.
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.
Pollyana is offline  
Old Feb 24th 2019, 10:04 pm
  #9  
Forum Regular
 
Joined: Apr 2018
Location: London and Brisbane
Posts: 83
Paul Hand has a reputation beyond reputePaul Hand has a reputation beyond reputePaul Hand has a reputation beyond reputePaul Hand has a reputation beyond reputePaul Hand has a reputation beyond reputePaul Hand has a reputation beyond reputePaul Hand has a reputation beyond reputePaul Hand has a reputation beyond reputePaul Hand has a reputation beyond reputePaul Hand has a reputation beyond reputePaul Hand has a reputation beyond repute
Default Re: RRV - Coma compelling enough?

Originally Posted by brissybound View Post
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
There are a lot of questions here, and if you have engaged another Registered Migration Agent, I can’t advise you; but the longer you leave this the harder it will get. Either discuss this again with your agent or restart the process with a new one would be my suggestion. Your situation is complex.
Paul Hand is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us Archive Advertising Cookie Policy Privacy Statement Terms of Service

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.