Spouse visa and RRV

Old Nov 21st 2014, 12:07 pm
  #1  
PR and proud
Thread Starter
 
Joined: May 2009
Location: Perth
Posts: 23
ChuiRafiki is an unknown quantity at this point
Default Spouse visa and RRV

Hi everyone
My spouse PR visa ran out in July 2014. I have spent extended periods in Oz since it was granted in 2009, but less than two years overall. I work in the UK and jobs in my field are pretty rare, with nothing coming up in Oz. If I apply for an RRV, will I get another five-year travel facility, or will it be less? Can I travel instead on an ETA, or will that revoke my PR status? If I don't get a five-year RRV, do I face paying out over £200 to renew my RRV every time I go to Oz? Australian citizen spouse has three kids there, all marrying next year. We will be buying a property there also, but moving permanently is not on the cards at this stage as I need to work to earn money to live.
I'd be grateful for any advice anyone can offer, or pointers to information. I've search the Department for Immigration's website, but have found nothing which helps with this specific query.
Many thanks!
ChuiRafiki is offline  
Old Nov 21st 2014, 3:48 pm
  #2  
BE Forum Addict
 
Joined: Oct 2006
Location: Nowhere - I'm a travelling (wo)man!
Posts: 2,362
louie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond reputelouie has a reputation beyond repute
Default Re: Spouse visa and RRV

You should get a one year RRV each time you apply as you won't have met the residency requirements for a five year one.

Whether getting an ETA/e-visitor will revoke your PR has been raised many times over the years without resolution until recently, when this girl managed to get an RRV in such circumstances. But then given she also appeared to get a five year one, maybe she just had an inexperienced caseworker. No idea how her visa expires in 2025 either way. In that thread Polly says she's seen others lose their PR in similar circumstances.

Personally, I wouldn't take the risk and would stump up for a RRV every time I visited Australia, although you are in an easier position than most in that if everything went pearshaped you could just apply for another spouse visa I suppose.

Last edited by louie; Nov 21st 2014 at 3:51 pm.
louie is offline  
Old Nov 23rd 2014, 10:52 pm
  #3  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: Spouse visa and RRV

Originally Posted by ChuiRafiki View Post
Hi everyone
My spouse PR visa ran out in July 2014. I have spent extended periods in Oz since it was granted in 2009, but less than two years overall. I work in the UK and jobs in my field are pretty rare, with nothing coming up in Oz. If I apply for an RRV, will I get another five-year travel facility, or will it be less? Can I travel instead on an ETA, or will that revoke my PR status? If I don't get a five-year RRV, do I face paying out over £200 to renew my RRV every time I go to Oz?
Your PR visa is already expired, however you can recover your status as a permanent resident by getting an RRV. It appears you could show substantial ties (Australian spouse) and it is less than 5 years since you last departed, so you don't need to show compelling reasons.

Short answer - if you want to keep your PR, keep your RRV valid, always use it to enter Australia, stay married to an Australian spouse, and don't let more than 5 years pass between each trip to Australia.

Getting an ETA/eVisitor is not an absolute bar to a future RRV, but makes it much less likely. Why? Because if you were a PR/citizen when you last departed, you only need to show compelling reasons (as well as substantial ties) if you were outside Australia for a continuous period of 5 years. Otherwise, you need to show compelling reasons if you were outside Australia for more than 5 years in the last 10 years.
Resident Return visa (subclasses 155 and 157)

It's much harder to show compelling reasons than substantial ties.

Since you have not met the 2 year presence requirement, any RRV you are granted should be for 1 year only. But sometimes what should happen isn't what actually does happen.
JAJ is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.