SarahRob198

Can i just ask, i have seen the odd post on this thread sayin people from the immigration offices are notoriously bad at giving false information out, does this include Australia House? As i have had info of them and don't want to be told the wrong things either, thanks guys

Pollyana

Call Centres and hotlines are not usually too bad with generalised info, its when the knowledge required gets beyond the very general stuff that they run into problems. Case Officers have far more knowledge but they aren't usually answering the calls. Also its not the job of a CO to offer alternatives. This is where an agent scores as they know all the right questions to ask so that they can find out all the ins and outs of the applicant's case, and can suggest alternative routes due to knowing the more complex requirements. They also study case law, appeals etc so will have far more knowledge as to what has worked in the past.
Better to spend time on www.immi.gov.au and then pay for agent instead of paying for phone calls

Want2BinOz

Yes you're right,I have just learned this in the last few days since my application was refused. I believed that because my last RRV expired in the 2000 that by the time I was well enough to make a visit to family in '07 that there wouldn't be a way of travelling on a RRV (again based on incorrect verbal advice). I had no idea that by entering Australia on a tourist visa it was like making a statement that I was giving up my PR,had I have known this I would have applied for an RRV sooner. Just very bad luck on my part and I think in a review will (I expect) be a major key area to address.

Frustrating again and interesting that my travel on a tourist visa was part of the reason for refusal when I lodged the application here in the UK whereas again back in Melb only a few months ago, it wasn't raised as an issue or even questioned.

Bermudashorts

I read a couple of cases posted in the MRT link earlier. One chap had had about four tourist visas, said he had been told he was not eligible for rrv and even though there was no record of him having been told this, he got rrv after the review ruled in his favour.

His case did not seem particularly compelling to me, neither did the woman who went back to her home country to help with church fund raising for seven years but apparently it is as she got ruling in her favour.

Seems odd to me, I thought visas had expiry dates on the reentry so people did not disappear for many years and then return as pensioners after not contributing any taxes, but sounds like this is not an issue, at least on appeal. Makes me think definitely worth a shot want2b.

Want2BinOz

Thanks for your post, it seems very hit and miss, there doesn't seem to be any consitency and therefore not fair. I think there must be a certain element of luck involved.

Not to sound rude here but I'm unsure of your comment "Seems odd to me, I thought visas had expiry dates on the reentry so people did not disappear for many years and then return as pensioners after not contributing any taxes" are you basing that one one particular case you read about? I'm sure every individual who applies for an RRV whether current or previous PR have individual reasons for doing so and not all are at retirement age intending to return to Australia and depend on the governement. This is why I believe Australia appears to be one of the more difficult countries to gain entry to and I believe that's how it should be.

Bermudashorts

No not a case, that comment is based upon my understanding (a fairly common understanding) of why DIAC apply validity dates on PR visas at all. After all they are called permanent, but then have this expiry date...

Pollyana

The visa is permanent, but the re-entry part isn't. Want2BinOz, if you had never left Aus you wouldn't have had a problem, the whole issue has arisen because you left. You permanent status would've remained intact if you had stayed here. However be leaving, and then getting a temporary visa you have effectively cancelled your permanent residency status. Therefore giving you a RRV is tricky because there is no PR visa in existence - they would be giving you the right to re-enter, but at present you don't have the right to stay in Aus if you do re-enter.
What they have to look at is whether they consider you have grounds for that PR to be reinstated in conjunction with the RRV to get you back into the country.

The reason for it being hit and miss is because every situation is different - I doubt anyone has the same as you, and recently we must have had 2 dozen different RRV situations posted on here. They have to leave the rules open so they can consider unusual situations like this - if they had hard and fast rules many people, probably including yourself, would be automatcially excluded from returning.

SarahRob198

Can i just ask aswell, did you use an agent for your case want2b? It's just i know it would help alot but we cannot afford to do this aswell as support ourselves over there too, the money that we would use for an agent would have been to live on....

louie

Thing is Sarah, if you don't have a visa, it makes no difference how much money you have to live on. To get the best chance of getting an RRV, you really need a good agent. Their charges for preparing a RRV application are unlikely to be anything like as much as for getting a skilled visa, I think Ian Harrop used to advertise £500 a few years ago.

Want2BinOz

Thank you Pollyanna for all your advice on this thread.

I have now made contact with a few agents so depending on advice given, fees involved etc I will take things from there.

Sarah - No I didn't use an agent when applying for my RRV, because I initially started the application process in Melbourne and was assured of it's success then I didn't feel the need to use the assistance of an agent, I still feel confident had I had that one missing document on me whilst in Melb then I would now have the RRV, however applying for it offshore meant a completely different outcome and therefore IMO I believe an agent could have helped with my application this side.

I will of course be using an agent to help with a review, otherwise I wouldn't feel confident of success. I am aware though that even employing an agents services still won't provide any guarantee of having the decision revoked.

Have you found the people you have spoken to at Australia House in London helpful?

Bermudashorts

I would only stress again how much you need an agent. If you are thinking this is a rubber stamp you are very wrong. I tend to think if someone can't afford visa fees then they can't afford to migrate, it is a very expensive business. And as Louie has pointed out, not much point having money to take with you if you dont have the visa.

pumpkin blossom

You wouldn't have got the rrv had you had the document back then. It would have been passed onto a co who would have realised just what your co realised and refused it.

Bermudashorts

I have also been thinking this would have been the outcome, so don't kick yourself over not having a particular document last December want2b.

Want2BinOz

I'm pretty certain that the guy looking at the application and the documents I had with me was going to grant the visa there and then, he spoke as though it was he who was going to make the decision, there was no talk of passing the application over to anyone else.

I remember when I was issued my previous RRV's that they were issued on the spot, face to face, that's why I was under the impression this particular person was going to also, despite the way he was also speaking - as though he was the decision maker.

Anyway, it's something I'll mention when I actually get to speak to an agent, so far it's just been emails, frustrating!

Want2BinOz

Just thought I would share an update, as it seems something for others to bear in mind also. I have spoken to an agent who (regarding the promising outlook given to me whilst in Australia) advised that different Immigration offices (globally) have different interpretations and so that could be why the office in Australia may have been happy to grant me the visa whereas London wasn't.

Question is now do I risk a visit to Australia asap to lodge another application in the hope it will be successful over there. I will be seeking further advice from another agent based in Brisbane that the agent I spoke to earlier suggested. I have much to seriously consider on the way forward with trying to relocate to Australia.
Thanks all for your comments and advice, my advice through this experience is for anyone who is wanting to apply fro an RRV who has lost thier PR status and wants to apply for an RRV - seek assitance from an agent, double check every piece of information given to you, especially verbally, even if the information is coming from someone at Immigration, they are not always correct. Check, check and check again and seek assistance!