Spouse visa question - 10 years on
 

Hello all- I've been gone a long time - was active on here ten years ago when as a family we were all set to make the move to Brisbane. I got a spouse visa very quickly as had already been married for 11 years with three children when I applied. Cutting a long story short, we didn't end up going due to a job offer my Aussie husband got to stay in the UK.

Fast forward ten years and we just came back from a month's holiday visiting his family in Australia yesterday...and he is now fully pining to go back. His career is at a crossroads and he thinks if we don't go now we never will. Made slightly harder by the fact that the then 2 year old twin boys and baby girl and are now 12 and 10 and very happy with their lives here.

Anyway my question for anyone who may know the answer is would I have to go through the whole spouse visa process again? As it was only valid until 2012 - I did validate it at the time by going on holiday. When we landed for our trip this time one of the immigration ladies told me I could get a return residents visa but not sure if that is right as I haven't actually resided there! Any advice gratefully received...and possible handholding if we do this!! Thanks all - Rachel x

Re: Spouse visa question - 10 years on
 

Which visa did you travel on for your recent holiday, your Partner visa or did you apply for a visitor visa?

Re: Spouse visa question - 10 years on
 

Hi BritinParis - I went on a visitor visa this time..although that in itself was a drama...didn't realise until the night before we flew that we needed tourist visas...and our twin boys didn't come through. They allowed them in on their expired Aus passports but it meant hold ups at Manchester, then at Perth when we landed and again at brisbane when we left!

Re: Spouse visa question - 10 years on
 

They can't hold tourist visas. If they are Australian they must travel on Australian passports.

Re: Spouse visa question - 10 years on
 

Another thing to consider - make sure your DH gets his British citizenship before you leave if you do go (if he hasn't already) because that keeps all your options open down the track.

Re: Spouse visa question - 10 years on
 

Yes I now know that! We hadn't been for years and it somehow totally passed me by that we couldn't just go as normal on our UK passports. I now know ow having read the immigration website that if you have an aussie passport you must travel on it but all my three children and my husbands had expired! And weirdly when I hastily applied the night before we flew got tourist visas approved for my daughter and husband... Anyway we got there.

Re: Spouse visa question - 10 years on
 

Yes he has a British passport as he was born here!

Think I'm going to have to ring the aus commission to find out what kind of visa I would need to apply for

Re: Spouse visa question - 10 years on
 

If you have entered on a tourist visa, this may have cancelled your spouse visa as the principle is that the latest visa cancels previous visas.

Re: Spouse visa question - 10 years on
 

My spouse visa was issued in 2007 so expired in 2012....am hopeful that I might be eligible for a Return Resident visa but will explore more. Many thanks!

Re: Spouse visa question - 10 years on
 

No. Your visa has not expired. The travel portion has, which is very different. A PR visa never expires - hence if you were already living in Australia, you would not need any other visa.


However, it is possible your visitor visa has cancelled it. In which case you could not get an RRV

Re: Spouse visa question - 10 years on
 

Oh no - I did not realise that...I thought I had to be there within the five years or I would need another visa? I am really confused now.

Re: Spouse visa question - 10 years on
 

It is simple. Permanent visas come in sort of two bits. The right to live and work in Australia and the right to enter Australia. The first bit never expires. But, after 5 years, the second bit does. That is when a resident return visa is required. It tags onto the existing visa.


However, if a permanent visa holder gets a temporary visa, then it can cancel all aspects of the permanent visa as the principle is you can only hold one visa at a time. So, in order to grant the visitor visa, it may have cancelled your permanent visa. As you can only get an RRV if you hold a PR visa, you would not be eligible for a RRV.


The first thing to do is check you visa status. This tells you how. https://www.border.gov.au/Busi/visas...n-online-(vevo)


If it has cancelled your PR, then the only option would be a new spouse visa - expensive (Spouse visas are now $7000 plus medicals and police checks).

Re: Spouse visa question - 10 years on
 

Many thanks - I put my spouse visa number in and it doesn't recognise it....looks like I've seriously cocked up. I guess all I can do is try and contact them and see what my options are. Thanks again.

Re: Spouse visa question - 10 years on
 

Your options are as VS explained. Ringing DIBP is not going to be of any use to you either. If you want advice other than what we on BE have given then you will need to contact a MARA registered agent.

However your options now are either spouse visa or you qualify and apply for a skilled visa.

Re: Spouse visa question - 10 years on
 

You should be eligible for a one year subclass 155 Returning Resident visa based on your relationship with your Australian citizen husband.

Re: Spouse visa question - 10 years on
 

Thank you. This is really helpful.

Re: Spouse visa question - 10 years on
 

Not if she no longer has a PR visa, which is looking like she doesn't.

Re: Spouse visa question - 10 years on
 

It looks like you have managed to cancel your PR. As a result, as mentioned above, you have two choices.


If you have an occupation on the skills list, you could go down the skilled PR route. The advantage is that it is cheaper.


If not, then you are going to need a new spouse visa.

Re: Spouse visa question - 10 years on
 

I recall that a few people on here in the past have been granted RRVs having previously been issued with a Visitor visa, so I don't necessarily believe it's a given that your PR has been cancelled.

Not being on Vevo certainly doesn't prove it. I know of people that should be there but aren't on it.

Re: Spouse visa question - 10 years on
 

That's not a given. The OP will need to make an application to find out. It would be certainly a lot more cost effective than applying for a new Partner visa.

Re: Spouse visa question - 10 years on
 

This is not actually the case. RRVs are available to former permanent residents as well as current ones. The eligibility criteria are basically the same i.e. demonstrating ties, which the OP clearly has.

See DIBP website:

"You must be:

an Australian permanent resident
a former permanent resident whose last permanent visa was not cancelled
a former Australian citizen who lost or renounced your citizenship."

cheers

Re: Spouse visa question - 10 years on
 

BritinParis has already said that above. The only way to know for sure is to apply - no guarantees either way.

Re: Spouse visa question - 10 years on
 

There is never a guarantee, but what you said was incorrect. You said "the only option would be a new spouse visa - expensive". This is not the case as the OP has a pretty good chance of getting an RRV as a former PR (if, indeed, that is what she is).

The "new visa cancels the previous one" may be true, but it does NOT cancel the opportunity for anyone who has once been a PR to apply (or reapply) for an RRV.

cheers

Re: Spouse visa question - 10 years on
 

And where did I say that? :unsure::confused:

I deliberately did not make any comment because I know she may be able to get a RRV, Instead I said that the only way to know is to apply.

Re: Spouse visa question - 10 years on
 

It was Verystormy who said that (Post #12).

Not Pollyana :-)