OzTennis

Mrs OzT was granted a 5 year Spouse Visa sub-class 100 (Permanent) in mid November 2008. This will obviously expire in mid November this year. Our original intention was to move from Scotland to Australia at some point during this period. The visa has been validated and we've travelled and stayed in Australia for 3 months each of the 5 years since.

At this stage we are quite happy doing our '9 and 3' - 9 months in Scotland and 3 months in Australia; 2 summers, small winters and all that. We have a house at either end so have no accommodation concerns.

My questions are:

1 Can this visa be extended for another 5 year period or will she have to go through the whole long drawn out process of re-applying? I think I know the answer to this one! However she can demonstrate we've travelled and stayed each year, we have a house, bank accounts etc, etc (wondering if there is a 'fast track' application process?)

2 Assuming she will have to re-apply, will it just be a case of applying for a normal 3 month tourist visa for our next trip (which is already booked for early Jan to late March)? A new visa would not be in place by early Jan I shouldn't think.

Thanks in advance for any suggestions or comments.

(BTW I've got a blue and a wine coloured passport so can move freely; Mrs OzT, to her later regret, didn't take out a blue one when we lived in Oz and too much time has passed now for her to qualify on the basis of our 10 married years there).

OzTennis

Another question just cropped up, assuming there's no Spouse Visa.

I had a look at applying for an ETA (which Mrs OzT used to do before she received the spouse visa) and it seems UK passport holders are no longer eligible for online applications:

"To apply for an ETA online through this website, you must hold a passport from one of the following countries:

Brunei - Darussalam
Canada
Hong Kong
Japan
Malaysia
Singapore
Korea, Rep of (South)
United States"

However when I was re-directed to the immi.gov.au website and filled in a few particulars on the Visa Wizard it suggested Mrs OzT should apply for an eVisitor - subclass 651.

Does this seem right for an up to 3 months tourist?

Dorothy

No, she would apply for a RRV (return resident visa). Do NOT apply for an ETA as it will cancel her permanent resident visa.

Your wife may not get a 5 year visa if you can't demonstrate that you actually plan to live in Australia. You need strong ties (the house and bank accounts are good) to Australia to get the RRV, though.

roaringmouse

The OP's wife won't get a 5 year RRV at all, she hasn't spent at least 2 years in Australia out of the last 5. The best result would be a 1 year RRV according to the requirements. An RRV currently costs $345. As already mentioned, do not apply for an eVisitor for your wife. Check here for information on applying for an RRV in the UK - looks like the expected processing time is 7 days.

Pollyana

Yes it would be an evisitor now, not an ETA, but don't go down that road, do the RRV instead.

OzTennis

Thanks for the replies. Just looking at 1 year Resident Return Visa; she wouldn't meet the criteria from what I can see.

"If you do not hold a permanent visa and when you last left Australia you were not an Australian permanent resident or Australian citizen, you must meet all of the following:

1 have been an Australian citizen, or an Australian permanent resident, less than 10 years before lodging your application
2 provide evidence that proves you have substantial business, cultural, employment or personal ties of benefit to Australia
3 if you have been absent from Australia for a total period of more than five years since last departing as an Australian permanent resident or citizen you must provide evidence that there was a compelling reason for your absence.

Am I right in assuming the 5 year spouse visa does not mean she is a permanent resident? If so then no to 1.

Probably no problem with 2 - own property jointly, have joint bank accounts, my family lives there, visited every year virtually since 1990 etc.

3 - not applicable either because she was last there 8 months ago and/or she doesn't tick 1.

louie

She is a permanent resident and highly unlikely to have any problem getting a 1 year RRV and renewing that every year. It's going to get pricey though, having to pay up every year!

roaringmouse

She has a subclass 100 PR visa. She is a permanent resident - the 5 years relates to the ability to enter the country, and RRV would extend that ability.

OzTennis

Thanks folks for the clarification on permanent resident. Given our circumstances of not wishing to move permanently to Australia but just visit, maximum 3 months at a time it would seem more expedient and cheaper to just pay for eVisitor each year rather than annually renew RRV and if at any stage we wanted to move then we'd re-apply for the spouse visa.

roaringmouse

No charge for eVisitor.

OzTennis

That will appeal to Mrs OzT!

Does this mean that some nationalities have to pay for an ETA and others can get an eVisitor for free?

roaringmouse

ETAs are free too, but they carry a "service charge" of $20 - eVisitors don't carry any charge.

JAJ

So you want your wife to replace her permanent resident status with tourist status, in order to save a few dollars on visa fees?

With respect, that's a really bad idea.

How do you know the what the spouse visa rules, fees, and processing times, will be in future? Or what her medical, etc, circumstances will be? Or even if you will be around to sponsor her (there's no "widow" visa).

In the circumstances you state, she should have absolutely no problem getting a new 1-year RRV each year which keeps her status as a permanent resident going until whenever she might wish to use it. An Australian spouse is usually sufficient "substantial ties" to meet that particular requirement with the concessional RRV rules.

In addition, have you looked into the option of becoming an Australian citizen through the concession for spouses? The residence requirement is not as stringent as it is for others.

Although you should also check if spending too much time in Australia could cause her (and/or you) to become tax resident - which may or may not be a problem.

Pollyana

Oztennis, JAJ does have a good point on the residence for citizenship rules - have a look at the recent threads on Ministerial Discretion, and maybe investigate it further with someone of the George Lombard ilk.....

OzTennis

I was being flippant because of my Scottish distaff side of course!

Yes, I will look into the options re concessional RRV and possibility of citizenship.

To give more detail, it is highly unlikely that we will move permanently to Australia in the future and keeping the spouse visa going was more to enable to her to travel freely in and out of the country. 'Widows' visa isn't an option even if not applicable; Mrs OzT would remain in Scotland.

Anyway, I'll investigate RRV, Citizenship and eVisitor to see which is the best option for January travel.

Thanks for the suggestions folks.