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RRV - substantial employment tie of benefit to Australia

RRV - substantial employment tie of benefit to Australia

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Old Sep 13th 2011, 3:13 pm
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Smile RRV - substantial employment tie of benefit to Australia

I am trying to determine if I would qualify for a 5 year RRV. I did not spend 2 of the last 5 years in Australia as a PR. However, I have received a job offer from a multinational company in Australia. I have just been reviewing the criteria on the DIAC website.

If your last departure from Australia was as a permanent resident or Australian citizen:
you must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia
and
if you have been absent for more than five continuous years since your last departure from Australia as an Australian permanent resident or Australian citizen, you must provide evidence of compelling reasons for your absence over five years.
http://www.immi.gov.au/migrants/resi...ligibility.htm

As I last departed Australia as a permanent resident less than 5 years ago and I have a job offer (substantial employment tie of benefit to Australia), does this mean that I should qualify?
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Old Sep 13th 2011, 8:54 pm
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Default Re: RRV - substantial employment tie of benefit to Australia

Well a new job offer does not sound like a substantial tie to me. However I have seen RRVs being granted in circumstances that on the surface do not seem to fit the bill.

So all you can do is try, but I would not lodge this application by yourself, get professional assistance in putting the case together as your link is a bit tenuous.

Good luck.
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Old Sep 13th 2011, 9:59 pm
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Default Re: RRV - substantial employment tie of benefit to Australia

Originally Posted by leahy
I am trying to determine if I would qualify for a 5 year RRV. I did not spend 2 of the last 5 years in Australia as a PR. However, I have received a job offer from a multinational company in Australia. I have just been reviewing the criteria on the DIAC website.

If your last departure from Australia was as a permanent resident or Australian citizen:
you must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia
and
if you have been absent for more than five continuous years since your last departure from Australia as an Australian permanent resident or Australian citizen, you must provide evidence of compelling reasons for your absence over five years.
http://www.immi.gov.au/migrants/resi...ligibility.htm

As I last departed Australia as a permanent resident less than 5 years ago and I have a job offer (substantial employment tie of benefit to Australia), does this mean that I should qualify?
Is your original visa still valid? If so you can enter on that to take up the offer of employment, start working and then apply for a RRV as you will be here, have a job and somewhere to live, which after a period of time is substantial ties - we got ours after 8 months.
If however you just want to use the offer to apply offshore and don't plan on moving here at the minute, you will find it more difficult and an agent would be a good idea.
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Old Sep 14th 2011, 7:40 am
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Default Re: RRV - substantial employment tie of benefit to Australia

I'd go out on a limb and recommend professional assistance.
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Old Sep 14th 2011, 7:49 am
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Default Re: RRV - substantial employment tie of benefit to Australia

Thanks folks for your help. I am seeking professional advice. The problem is that I have approached 2 MARA agents and one is telling me that the job offer (i.e. signed contract) along with a letter from my employer detailing my unique skill and my role within the company should suffice.
However, another agent is also telling me that, along with the substantial tie criteria, I also need compelling & compassionate reasons for being absent from Australia (i.e. why I did not fulfil 2 of the previous 5 years in Australia). It was my understanding that I only needed compassionate reasons if it had been greater than 5 years since I left Australia as a PR.
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Old Sep 14th 2011, 1:14 pm
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Default Re: RRV - substantial employment tie of benefit to Australia

Originally Posted by leahy
Thanks folks for your help. I am seeking professional advice. The problem is that I have approached 2 MARA agents and one is telling me that the job offer (i.e. signed contract) along with a letter from my employer detailing my unique skill and my role within the company should suffice.
However, another agent is also telling me that, along with the substantial tie criteria, I also need compelling & compassionate reasons for being absent from Australia (i.e. why I did not fulfil 2 of the previous 5 years in Australia). It was my understanding that I only needed compassionate reasons if it had been greater than 5 years since I left Australia as a PR.
It's a bit of a worry that a MARA agent doesn't know the rules. You are right about not needing compelling reasons for your absence if < 5 years since you left Australia.

This is from the RRV application form:

"If you are outside Australia, and you hold a permanent visa, or you held
permanent residence or Australian citizenship when you last departed
Australia, have you been absent from Australia for a continuous period
of 5 years or more immediately before your application?
No (box to tick)
Yes (box to tick) - Please attach a separate sheet describing the compelling
reasons for your absence, together with copies of available
evidence to support your reasons"
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Old Sep 14th 2011, 1:17 pm
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Default Re: RRV - substantial employment tie of benefit to Australia

Originally Posted by louie
It's a bit of a worry that a MARA agent doesn't know the rules. You are right about not needing compelling reasons for your absence if < 5 years since you left Australia.

This is from the RRV application form:

"If you are outside Australia, and you hold a permanent visa, or you held
permanent residence or Australian citizenship when you last departed
Australia, have you been absent from Australia for a continuous period
of 5 years or more immediately before your application?
No (box to tick)
Yes (box to tick) - Please attach a separate sheet describing the compelling
reasons for your absence, together with copies of available
evidence to support your reasons"
Thaks a million for your response. I know it's a worry, I don't think I'll be using that agent. Anyway, hopefully my application will be submitted in the next couple of weeks. I'll keep you all posted
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Old Feb 8th 2012, 10:05 am
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Default Re: RRV - substantial employment tie of benefit to Australia

Hi L,

I am in the exact same predicament as you were last year just wondering how it went for you?
did you get your RRV???

Thanks shaoile
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Old Feb 8th 2012, 10:07 am
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Default Re: RRV - substantial employment tie of benefit to Australia

Hi shaoile,

I was successful with my application!
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Old Feb 8th 2012, 3:51 pm
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Default Re: RRV - substantial employment tie of benefit to Australia

Thanks so much for the reply
......Wow that's great news!

but now i got a couple of q's 4 u
Did they give u the 5yr RRV or 3 mth one?
Did u go in person or send application TO UK and what cha send em?
Did u get an expert to help??

My PR visa runs out in May 2012 and i am in Dublin so just a few mths away so I need to start application asap ))

Any advise would be brill
Thanks so much
shaoile
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Old Feb 8th 2012, 4:22 pm
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Default Re: RRV - substantial employment tie of benefit to Australia

I got the 5yr RRV, it was approved in about 6/7 days.
I sent the application to London by post and they just emailed the approval.
I was offered a job in Australia and that was my 'substantial tie'. The employment agency gave me a letter detailing my 'unique' skill. I didn't need compelling & compassionate reasons as I had been in Oz as a PR within the previous 5 years.
I got advide from an expert, can't remember the name but I will get it.

John
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Old Feb 8th 2012, 5:20 pm
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Default Re: RRV - substantial employment tie of benefit to Australia

Cheers John,

That sounds really positive,
hopefully it should work for me too
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Old Feb 9th 2012, 12:25 pm
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Default Re: RRV - substantial employment tie of benefit to Australia

May 2012 is when your PR visa expires ... right? SO .. if you enter australia before that date, you do not need RRV.
------------------------------------------------
If you entered Australia on a permanent visa, you have the right to remain in Australia indefinitely. This right does not lapse when your visa expires. In actual fact, your permanent visa will never expire (or lapse) while you are in Australia.
To explain this better, it is necessary to separate your permanent visa into two portions:
A re-entry facility: This facility is normally valid for 5 years from the date of grant. This is the portion of your visa that will expire. Upon the so-called expiry date of your visa, this facility will cease to be valid. This means that if you travel out of Australia after the "Must not enter Australia after" date, you will lose your Australian permanent resident status. In order to avoid this, you should get an RRV if you wish to travel out of Australia (even for 1 day) after the expiry of your permanent visa. If you have already gotten an RRV once, your RRV functions the same way as your initial migrant visa, and will also have a re-entry facility.
Authority to remain indefinitely: This portion of your visa allows you to remain permanently or indefinitely in Australia, unless your visa is cancelled. There is no expiry of this portion so long as you remain in Australia. But once you exit Australia, you must ensure you have the authority to re-enter Australia (see the point above) before you can avail yourself to the authority to remain in Australia under this portion of your visa.

^^^^^^^^ borrowed from another website.
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Old Feb 9th 2012, 1:03 pm
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Default Re: RRV - substantial employment tie of benefit to Australia

Originally Posted by joojay
May 2012 is when your PR visa expires ... right? SO .. if you enter australia before that date, you do not need RRV.
------------------------------------------------
If you entered Australia on a permanent visa, you have the right to remain in Australia indefinitely. This right does not lapse when your visa expires. In actual fact, your permanent visa will never expire (or lapse) while you are in Australia.
To explain this better, it is necessary to separate your permanent visa into two portions:
A re-entry facility: This facility is normally valid for 5 years from the date of grant. This is the portion of your visa that will expire. Upon the so-called expiry date of your visa, this facility will cease to be valid. This means that if you travel out of Australia after the "Must not enter Australia after" date, you will lose your Australian permanent resident status. In order to avoid this, you should get an RRV if you wish to travel out of Australia (even for 1 day) after the expiry of your permanent visa. If you have already gotten an RRV once, your RRV functions the same way as your initial migrant visa, and will also have a re-entry facility.
Authority to remain indefinitely: This portion of your visa allows you to remain permanently or indefinitely in Australia, unless your visa is cancelled. There is no expiry of this portion so long as you remain in Australia. But once you exit Australia, you must ensure you have the authority to re-enter Australia (see the point above) before you can avail yourself to the authority to remain in Australia under this portion of your visa.

^^^^^^^^ borrowed from another website.
Please post your actual source so that it can be verified. The info on RRV is also on BE at http://britishexpats.com/wiki/Reside...Visa-Australia and on the official source at http://www.immi.gov.au/migrants/resi...-documents.htm
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Old Feb 9th 2012, 2:12 pm
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Default Re: RRV - substantial employment tie of benefit to Australia

Hey John,

sorry to bother you again, but did u get a hold o that experts name, I really need to contact her/him asap. My situation is identical to yours been there 3 yrs ago and offered job....so fingers crossed!! I do think I need advise compiling all the stuff tho!

Thanks John,
shaoile
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