RRV or Spouse visa?

Old Feb 1st 2011, 11:22 am
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Default RRV or Spouse visa?

Hi wondered if anyone could help me with this question.

I am in the uk and my PR visa expired May 09. My husband however has a aus passport.

Can I just confirm what the best route would be for me, a resident return or spouse visa.

If I do go spouse visa route will I go back to the beginning? (this was the original route I went for pr). We have been married 7 years, married in australia, and have two children, one was born in australia.

We recently sold our residence over there so cant claim any ties other than my family (other than me) havong passports.

Many thanks in advance

Amanda
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Old Feb 1st 2011, 10:19 pm
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Default Re: RRV or Spouse visa?

I hope JAJ sees this post - there is a possibility that you are in fact eligible for citizenship as you are married to an Aussie.

I will try and find some more information for you.

If that is not the case, I believe an RRV is cheaper - but I don't know if it's possible to get one if your PR visa has expired. It may well be.

I'll do some digging and hopefully some other more informed people will comment.
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Old Feb 2nd 2011, 8:59 am
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Default Re: RRV or Spouse visa?

Originally Posted by tking
I hope JAJ sees this post - there is a possibility that you are in fact eligible for citizenship as you are married to an Aussie.

I will try and find some more information for you.

If that is not the case, I believe an RRV is cheaper - but I don't know if it's possible to get one if your PR visa has expired. It may well be.

I'll do some digging and hopefully some other more informed people will comment.
Hi tking,

Thanks for the reply. I did look at the citizenship requirements after you pointed this out and it says,' close and continuing ties'. Would the fact my husband and children have australian passports be considered as close or continuing ties?
I did live in australia for 6 years but only 1 year as a PR and my concern is the fact that the PR or return part of it has lapsed and we have been outside of aus now for approaching six years (six years in july this year )

Anything you can come back with would be helpful.
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Old Feb 2nd 2011, 6:03 pm
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Default Re: RRV or Spouse visa?

Hi just a bit more info; (and bumping I guess )

arrived aus jan 2000 on working holiday visa
30 aug-2000- granted 457
05/04/02- granted temp res (sub class) 820
11/05/04-granted pr (801) rrv expiry was 11/05/09

departed aus for uk -13/07/05

We have been in the uk since but hope to go back soon

Again thanks in advance for any info or advice.

A
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Old Feb 2nd 2011, 9:01 pm
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Default Re: RRV or Spouse visa?

Hi Mandoz,

Just found this - http://britishexpats.com/forum/showt...se+citizenship

There is some really good info in it.

Hope it helps!

PS. Maybe PM JAJ with a link to this post and politely request he have a quick look!
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Old Feb 3rd 2011, 2:55 am
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Default Re: RRV or Spouse visa?

Originally Posted by mandoz
Hi just a bit more info; (and bumping I guess

arrived aus jan 2000 on working holiday visa
30 aug-2000- granted 457
05/04/02- granted temp res (sub class) 820
11/05/04-granted pr (801) rrv expiry was 11/05/09

departed aus for uk -13/07/05

We have been in the uk since but hope to go back soon
Did you read:
http://britishexpats.com/wiki/Reside...Visa-Australia

Why on earth have you let 5 years pass without even visiting Australia? You would have a good case for an RRV if you didn't have a problem with this rule. In the past, DIAC case officers in London would probably still have given you an RRV fairly easily, but it seems that London doesn't have the same depth of experience it used to have so you might just get refused.

In that case, you would need to apply for a spouse visa from scratch.

I'd need to check the Citizenship Act to be sure but it seems that if you let your PR visa expire without getting a new one (at least if the gap is more than a year), you would no longer be eligible for the concession for spouses - you need to get back to Australia with a permanent visa and re-start the residence clock from zero.

Last edited by JAJ; Feb 3rd 2011 at 2:57 am.
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Old Feb 3rd 2011, 4:16 pm
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Default Re: RRV or Spouse visa?

Originally Posted by JAJ
Did you read:
http://britishexpats.com/wiki/Reside...Visa-Australia

Why on earth have you let 5 years pass without even visiting Australia? You would have a good case for an RRV if you didn't have a problem with this rule. In the past, DIAC case officers in London would probably still have given you an RRV fairly easily, but it seems that London doesn't have the same depth of experience it used to have so you might just get refused.

In that case, you would need to apply for a spouse visa from scratch.

I'd need to check the Citizenship Act to be sure but it seems that if you let your PR visa expire without getting a new one (at least if the gap is more than a year), you would no longer be eligible for the concession for spouses - you need to get back to Australia with a permanent visa and re-start the residence clock from zero.

Hi would be grateful for you checking but it is sounding like spouse visa AGAIN

Would the spouse visa route mean I also go back to temp visa 820?

We never meant to stay this long but things happened that prevented us from returning (mainly babies and finances).
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Old Feb 3rd 2011, 4:17 pm
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Default Re: RRV or Spouse visa?

Originally Posted by tking
Hi Mandoz,

Just found this - http://britishexpats.com/forum/showt...se+citizenship

There is some really good info in it.

Hope it helps!

PS. Maybe PM JAJ with a link to this post and politely request he have a quick look!
Thanks again for the link, it was really helpful.
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Old Feb 3rd 2011, 4:22 pm
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Default Re: RRV or Spouse visa?

Originally Posted by JAJ
Did you read:
http://britishexpats.com/wiki/Reside...Visa-Australia

Why on earth have you let 5 years pass without even visiting Australia? You would have a good case for an RRV if you didn't have a problem with this rule. In the past, DIAC case officers in London would probably still have given you an RRV fairly easily, but it seems that London doesn't have the same depth of experience it used to have so you might just get refused.

In that case, you would need to apply for a spouse visa from scratch.

I'd need to check the Citizenship Act to be sure but it seems that if you let your PR visa expire without getting a new one (at least if the gap is more than a year), you would no longer be eligible for the concession for spouses - you need to get back to Australia with a permanent visa and re-start the residence clock from zero.
Just read the link.

I am reading this as I could have flown to sydney and had it re-issued?

If I had known this I would have done it (although it would have been difficult as I had a very young baby ). Arrrrgh!

I did consult a migration agent at the time also and she did not mention this as an option.
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Old Feb 4th 2011, 1:01 am
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Default Re: RRV or Spouse visa?

Originally Posted by mandoz
Would the spouse visa route mean I also go back to temp visa 820?
Applying off-shore the visa subclass would be 309 for temporary spouse visa.

However, with your timeframe it seems that you would be eligible for the permanent visa, subclass 100, due to the amount of time you've been married.
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Old Feb 4th 2011, 7:37 am
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Default Re: RRV or Spouse visa?

Originally Posted by mandoz
I am reading this as I could have flown to sydney and had it re-issued?
I think the point JAJ is making (correct me if I am wrong JAJ) is that the problem is that you have not visited Australia for more than 5 years.

If you were asking for advice now having last set foot on Australian soil less than 5 years ago, an RRV should be fairly straightforward with an Australian spouse. However, if you have not been to Australia in 5 years, you need to demonstrate compelling reasons for your absence and that is much more difficult.

That said, an RRV application costs £170 and is decided in a couple of weeks. A spouse visa costs $1,735 plus medicals etc and seems to be taking six months or more, in addition to the time and effort involved in getting the application ready to submit. If I were you, I'd consult an agent with experience in this area (Ian Harrop is the one generally recommended on here) to see what he thinks as the RRV route is the way to go if he thinks you stand a reasonable chance.
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Old Feb 4th 2011, 4:39 pm
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Default Re: RRV or Spouse visa?

Originally Posted by mandoz
Just read the link.

I am reading this as I could have flown to sydney and had it re-issued?

If I had known this I would have done it (although it would have been difficult as I had a very young baby ). Arrrrgh!

I did consult a migration agent at the time also and she did not mention this as an option.
Poor advice! I bet you could have applied for an RRV and got it without needing to visit oz if you had done it within the 5 years. I assume you had your reasons for not becoming a citizen when you were living there before.

I understand the frustration a real Doh moment!!!!

BUT a good post for people to see as you are not the first and won't be the last to be in this sort of situation
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Old Feb 4th 2011, 10:16 pm
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Default Re: RRV or Spouse visa?

Originally Posted by rammygirl
Poor advice! I bet you could have applied for an RRV and got it without needing to visit oz if you had done it within the 5 years. I assume you had your reasons for not becoming a citizen when you were living there before.

I understand the frustration a real Doh moment!!!!

BUT a good post for people to see as you are not the first and won't be the last to be in this sort of situation
Absolutely!

A costly doh moment at that.

The irony is I had no idea I was eligible for citizenship when I was, i.e back in australia I was probably eligible before we left. I believed I had to be on the 'PR' visa first for another two years. That presence in aus on any other visa didnt count.

Anyway, thanks again for all the good advice above.

I think I will contact the consultant mentioned above but wonder if it would end up costing the same (in the end) to go through an agent and attempt the RRV as a tricky case or apply on my own for spouse visa. After all I do know what is required for that and it would be relatively straight forward. I dont have any major medical concerns..that I know of.

One day I will own the blue passport...I hope

Last edited by mandoz; Feb 4th 2011 at 10:19 pm.
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Old Aug 10th 2011, 8:04 am
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Default Re: RRV or Spouse visa?

Hi Mandoz, just wanted to ask you how you got on with your visa, my husbands Aussie Resident visa expired in 09. An Immigration agent has said we won't get the RRV however Aussie High commission said we can apply for RRV as Being married to an Australian Citizen with 2 Australian children would be classified as very compelling personal ties which the case officer would take into consideration.
Thanks for any help and advice.
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Old Aug 10th 2011, 10:00 am
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Default Re: RRV or Spouse visa?

Originally Posted by tigerbella
Hi Mandoz, just wanted to ask you how you got on with your visa, my husbands Aussie Resident visa expired in 09. An Immigration agent has said we won't get the RRV however Aussie High commission said we can apply for RRV as Being married to an Australian Citizen with 2 Australian children would be classified as very compelling personal ties which the case officer would take into consideration.
Thanks for any help and advice.
I would apply for the RRV tomorrow. And even if it were to be refused, he can then go on to apply for a spouse visa.
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