Spouse Visa Sub-Class 100
#16
Re: Spouse Visa Sub-Class 100
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.
You need to consider whether keeping the right to reside permanently in Australia is worth the A$345 fee for a 1 year RRV. Most people would say yes without hesitation.
Processing times for concessional RRV are usually within 2 weeks, although every case is different.
#17
Re: Spouse Visa Sub-Class 100
Abandoning a permanent resident visa in favour of a tourist status, intentionally or otherwise - it happens a lot.
You need to consider whether keeping the right to reside permanently in Australia is worth the A$345 fee for a 1 year RRV. Most people would say yes without hesitation.
Processing times for concessional RRV are usually within 2 weeks, although every case is different.
You need to consider whether keeping the right to reside permanently in Australia is worth the A$345 fee for a 1 year RRV. Most people would say yes without hesitation.
Processing times for concessional RRV are usually within 2 weeks, although every case is different.
#18
Forum Regular
Joined: Aug 2013
Posts: 83
Re: Spouse Visa Sub-Class 100
Do NOT apply for an ETA as it will cancel her permanent resident visa.
#19
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,814
Re: Spouse Visa Sub-Class 100
Are you sure it wouldn't?
it has happened to people on here in the past -we hve had several posters get ETAs to travel to Aus expecting to then apply onshore for RRVs, only to discover that DIAC has then informed them they have caused the ceancellation of their PR.
Can I please request, after discussion with other mods/admin - especially as you have declared that you intend to become a registered agent, your information would be better received if you padded out your replies in the same way as other professional posters. Your approach at present generally isn't very helpful to people looking for assistance, as it is too bald and doesn't give anyone of us an idea how to proceed . Thanks
it has happened to people on here in the past -we hve had several posters get ETAs to travel to Aus expecting to then apply onshore for RRVs, only to discover that DIAC has then informed them they have caused the ceancellation of their PR.
Can I please request, after discussion with other mods/admin - especially as you have declared that you intend to become a registered agent, your information would be better received if you padded out your replies in the same way as other professional posters. Your approach at present generally isn't very helpful to people looking for assistance, as it is too bald and doesn't give anyone of us an idea how to proceed . Thanks
#20
Re: Spouse Visa Sub-Class 100
I wasn't intending applying for ETA/eVisitor before:
1 Spouse Visa had expired (13/11/13). (I see you can apply for RRV before and after Spouse Visa expires if I read it correctly).
2 We had propertly explored the RRV/Citizenship route to see if that was the way we wanted to go.
1 Spouse Visa had expired (13/11/13). (I see you can apply for RRV before and after Spouse Visa expires if I read it correctly).
2 We had propertly explored the RRV/Citizenship route to see if that was the way we wanted to go.
#21
Re: Spouse Visa Sub-Class 100
A substantive visa held by a non-citizen ceases to be in effect if another substantive visa (other than a special purpose visa) for the non-citizen comes into effect.
An ETA is a substantive visa, so should normally cancel any other substantive visa. I recall around 2002, they amended the Regulations so that an ETA could not take effect if a more beneficial visa was held. That might now be in place, however (again, from memory), when they brought in the eVisitor visa, this did not have the same exclusion and as a result, an eVisitor visa can cancel out a permanent visa.
As to someone who might be eligible for an RRV getting an ETA/evisitor, it's also a bad idea because then it makes it harder to get an RRV in future. The detail is complex but the rule about 5 year absences becomes a lot more difficult when someone has replaced an RRV with a temporary/tourist visa and later on wants an RRV back.
In short - anyone eligible for an RRV, even if only planning to visit Australia, should not even think about obtaining tourist (ETA/eVisitor) status.
#22
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,814
Re: Spouse Visa Sub-Class 100
The default under the Migration Act 1958 is in section 82(2) which reads:
A substantive visa held by a non-citizen ceases to be in effect if another substantive visa (other than a special purpose visa) for the non-citizen comes into effect.
An ETA is a substantive visa, so should normally cancel any other substantive visa. I recall around 2002, they amended the Regulations so that an ETA could not take effect if a more beneficial visa was held. That might now be in place, however (again, from memory), when they brought in the eVisitor visa, this did not have the same exclusion and as a result, an eVisitor visa can cancel out a permanent visa.
As to someone who might be eligible for an RRV getting an ETA/evisitor, it's also a bad idea because then it makes it harder to get an RRV in future. The detail is complex but the rule about 5 year absences becomes a lot more difficult when someone has replaced an RRV with a temporary/tourist visa and later on wants an RRV back.
In short - anyone eligible for an RRV, even if only planning to visit Australia, should not even think about obtaining tourist (ETA/eVisitor) status.
A substantive visa held by a non-citizen ceases to be in effect if another substantive visa (other than a special purpose visa) for the non-citizen comes into effect.
An ETA is a substantive visa, so should normally cancel any other substantive visa. I recall around 2002, they amended the Regulations so that an ETA could not take effect if a more beneficial visa was held. That might now be in place, however (again, from memory), when they brought in the eVisitor visa, this did not have the same exclusion and as a result, an eVisitor visa can cancel out a permanent visa.
As to someone who might be eligible for an RRV getting an ETA/evisitor, it's also a bad idea because then it makes it harder to get an RRV in future. The detail is complex but the rule about 5 year absences becomes a lot more difficult when someone has replaced an RRV with a temporary/tourist visa and later on wants an RRV back.
In short - anyone eligible for an RRV, even if only planning to visit Australia, should not even think about obtaining tourist (ETA/eVisitor) status.