RRV versus ETA
Sep 6th 2018, 12:56 pm
#16
Forum Regular
Joined: Apr 2018
Location: London and Brisbane
Posts: 181
Re: RRV versus ETA
From my experience on this and other sites - users have reported obtaining an eTA or eVisitor to re-enter Australia after their travel rights have expired They have then been told that because they obtained the equivalent of a tourist visa their PR no longer stands. In a couple of cases I believe they gt the PR visas re-instated. I merely report what has happned to others and been put on the forum.
Paul, I am not arguing with your far greater knowledge and experience, jst giving previous experiences for consideration. I dofind it interesting though that no agent on here in the past has described the PR/RRV situation in the same way, we have always been led to believe that the PR visa still exists and you remain on it once you re-enter Australia. Surely otherwise you would have to describe yourself as the holder of a 155, NOT the holder of a 189? And once the RRV expires, what visa are you then holding? Also (for reference by others who need to start describing themselves as 155 holders, is it a permanent or temporary visa?
Thanks
Paul, I am not arguing with your far greater knowledge and experience, jst giving previous experiences for consideration. I dofind it interesting though that no agent on here in the past has described the PR/RRV situation in the same way, we have always been led to believe that the PR visa still exists and you remain on it once you re-enter Australia. Surely otherwise you would have to describe yourself as the holder of a 155, NOT the holder of a 189? And once the RRV expires, what visa are you then holding? Also (for reference by others who need to start describing themselves as 155 holders, is it a permanent or temporary visa?
Thanks
To answer your specific points:
- ETAs are different to other visitor/temporary visas so the effect of being granted an ETA vs an eVisitor would be different on anyone holding an in effect permanent visa.
- To be honest, I haven't seen this situation described at all by any fellow RMA on here but I may have missed something.
- In your example, if you have an in effect 155 then you are indeed the holder of a 155 Resident Return Visa not the holder of a 189. The 155 has replaced the 189. If you check VEVO you will see yourself as the holder of a 155.
- When the 'Must not arrive after' date on the 155 expires, if you are onshore you are still holding a 155 and if offshore, you do not have a current visa. In this way, the 155 is a 'normal' permanent visa which works exactly the same as any other permanent visa. You can stay onshore indefinitely and there is a finite 'travel facility', usually 5 years or one year.
Last edited by Paul Hand; Sep 6th 2018 at 1:00 pm.
Sep 7th 2018, 11:57 am
#17
Joined: Feb 2012
Location: Not in Paris
Posts: 18,193
Re: RRV versus ETA
ETAs are not different from other visitor visas in their effect. Granting an ETA will cancel any existing visa. The only visa you can hold concurrently with another visa is a subclass 988 Maritime Crew visa to allow crew members to arrive by air but depart by sea.
Sep 7th 2018, 12:40 pm
#18
Forum Regular
Joined: Apr 2018
Location: London and Brisbane
Posts: 181
Re: RRV versus ETA
Specifically for an ETA, quoting again from The Migration Regulations 1994 (for the subclass 601 ETA):
"601.512
Despite clause 601.511, if the applicant already holds a substantive visa (other than a Special Purpose visa or a Subclass 988 (Maritime Crew) visa) that is in effect at the time of grant, the Subclass 601 visa comes into effect when the other substantive visa ceases to be in effect.
Note: If the visa period of the Subclass 601 visa ends before the other substantive visa ceases, the Subclass 601 visa never comes into effect."
I think this is pretty clear that an ETA does not come into effect, and therefore cease another visa held by a person, unless that visa is an SPV or a subclass 988. In this respect an ETA is different to a 651 eVisitor visa or indeed other substantive visas.
Sep 8th 2018, 1:31 am
#19
`
Joined: Oct 2003
Posts: 38,612
Re: RRV versus ETA
There have been a few on here over the years - some have got an eTA and found later their PR has been cancelled, a couple have appealed and got it back, and some have just been lucky enough to have the system not detect them and therefore have managed to keep their PR intact.
Strictly speaking, you can only hold one visa, so the minute you get an ETA your PR should be cancelled. However the system doesn't always work the way it should.
At least in your shoes if you did end up with your PR cancelled, its easy enough (though expensive) to re-apply as a spouse of an Aussie.
Strictly speaking, you can only hold one visa, so the minute you get an ETA your PR should be cancelled. However the system doesn't always work the way it should.
At least in your shoes if you did end up with your PR cancelled, its easy enough (though expensive) to re-apply as a spouse of an Aussie.
I'm not sure why this has been made out to be far more complicated and difficult than it actually is. It muddies the waters & could cause others looking in alarm for no reason.
The OP simply explored two routes . One being safe and sure. The other offering a concern for the PR status.
She has chosen to be safe and sure .
Thanks to those that have given her good clear advice.
Thread now closed.
