mayamine

Hi all,
I moved to Oz as a skilled migrant, met an aussie guy and settled in a de facto relationship for 8 years. During this time I was diagnosed with MS, and I realised I had not earned to full pension rights back "home", so my partner moved to the bush to work in mining and I moved overseas to collect pension points and while doing so I had a major MS attack and was unable to return to Oz when planned. I am now on improved medication, and I have completed my reahbilitation program, and as of beginning December I'm in a return to work assessment program with financial support granted until December this year. My RRV expires 25th Jan!!! I can't figure out what's best... to break my program, return to Oz before Jan 25th and take my chances on the aussie job market - or to stay and finish my program and apply to renew my visa from overseas. My partner and I have not seen each other since I left Oz in 2007, but we speak on the phone once a week (for 5 years) and I have phone records to prove that. I own a property in Oz which has been tennanted as my partner lives on site at work. I am an ICT project manager / business analyst and have a solid cv also from my time in Oz. Will my ties to Oz be considered strong enough? Will my reasons for staying longer than 5 years overseas be compelling enough? Will my skills be of significant enough value? ... There must be others who've been in similar situations... any advice?

louie

My RRV (applied for in London whilst living in the UK and having not lived in Australia for 2 years since the original visa was issued) was granted in a matter of days. Why not submit an RRV application in the next couple of days and see if it is granted? If it is, problem solved. If not, at least you will know what your choices are. RRVs do seem to be granted quite often in circumstances where many people think the ties to Australia are rather tenuous.

Binnerjax

Hi Louie, I note how super-helpful you are and I wonder if you could help me? I was very interested to see your note that you can apply 3 ys in to being back in London for a RRV and you should then theoretically get 8 yrs in the UK before having to apply for another RRV or come back etc. I was just wondering if this was your actual experience, or is this in fact theoretical?
I am so confused about what to do. I have been told I have to wait until Jan 2013 before i am eligible as I have spent more than 12 months out of the country in the last 4 years. Immigration said that this date would be pushed back further if i were to leave the country again, which is v difficult for me - I have family issues and I even travel back for work in Sept normally (but even though i earn an income for Aus during this time, through income tax, they say it makes no difference! Ridiculous huh?!). He then mentioned that actually you cannot spend more than 90 days out of the previous year to application, and I have spent 40, which should leave me with 50 left, but he said to be sure I just shouldnt leave the country again at all...he wouldnt give a straight answer on this, said the rules always change, to maximise my chances of getting citizenship he said this would be safest.
It will be v difficult for me to not leave the country again until Jan 2013 - another year! - but if i go back to LOndon in April as per my plan I am worried that I will scupper my chances of ever returning. Who knows, when I am 60 I may want to retire back here?! I dont know whether it is best to just wait and get it so i have it for life and my options are open, or just go in April and hopefully get these 8 yrs in UK which by then I hope I will know where I want to live. I guess then though, I have to then re-fulfil all the other criteria for getting citizenship when I return...?
Be grateful for your help Louie (sorry, this was a long one!!) Jackie

louie

Your post covers two different issues - citizenship and RRVs. Why don't you list your movements over the last four years or so so that we can try and come up with something specific to you.

The "8 year" RRV thing is undoubtedly correct as the law stands at the moment if you have lived in Australia for 2 continuous years, but it would be less than 8 if you have spent significant amounts of time out of Australia in the last few years.

Bermudashorts

You seem to be talking about citizenship primarily. If you want it you will have to do the time in the country.

If you leave the UK for an extended period of time, then you would effectively reset the citizenship clock. If you are only a year away, I would be inclined to just do whatever it takes. Surely 50 days out of the country is plenty?

Binnerjax

Hi Louie, Thanks for your response.
I dont have a list of my movements, but suffice to say that I spent two years working in Africa, directly after receiving my PR, and I have been back here in Australia since then, so from Oct 2009 until today ( so 2 yrs and 2 months). My job entails travelling, so I have been away from the country for approx 3 months in this time. Hence, why the Immigration dept tell me on the phone that although i satisfy all other criteria, I do not satisfy the rule about having not been absent from Aus no more than 12 months in total in the 4 yrs prior to application. The date I can apply (if i dont leave the country again) is 23 Jan 2013.
Since I last posted on here, I have come to the conclusion that these are my options if I need to return to London and don't wait until Jan 2013:
_Apply for an RRV before I go back to London (April) as this will give me 5 years.
_3 years into that RRV apply for another RRV. This should give me 8 years in the UK. It appears I would be eligible for this as the criteria is that you need to have spent 2 of the last 5 years in Aus as a PR (which would be true in my case) or if applying outside Aus provide evidence of substantial ties ( my Superannuation is here, I have an ABN which I could keep going while in the UK, some family connections etc, so also true in my case). This is correct Louie?

Conclusion - I should then have 8 years in the UK, and during this time if I decide I would like to come back to Australia, I can , but I would have to restart the clock on getting citizenship I suppose, which would mean I would need to wait 4 years - is this correct? ( as I cannot have spent more than 12 months out of the last 4 years out of the country etc...)

If the worse happens and I lose PR as I end up staying in the UK and are no longer eligible for RRV's, then in my old age I suppose I can still come in on a tourist visa for 3 months at a time! In fact, I suppose I can do this anytime, to visit friends and family here...

Thanks for your time!

Binnerjax

Thanks Bermudashorts! (great name!)

I have since learned that I do not have 50 days left at all, as any time i spend out of the country adds to the length of time i need to be here to ensure I am eligible. So in fact, I would have to stay here for a whole year and not leave until Jan 2013 in order to apply for citizenship. This is v difficult for me,I travel for work and my Dad is unwell and I will most likely need to visit.

louie

I think your analysis is fine. I'd make sure you apply for your second RRV whilst you still have 2 out of the last 5 years presence in Australia just to be on the safe side as your ties to Australia aren't that strong (bearing in mind you won't have been living there for more than 3 years if you are applying on that basis). Of course, the rules may have changed by then....

As to your comment re citizenship to BS, it's not that you can't leave Australia in the next year, just it would delay your eligibility. So if you left for 2 months say, you would qualify in March 2013 instead of January 2013. This presupposes that you will have spent 9 out of the previous 12 months in Australia before applying.

As long as you are not actually moving back to the UK, you will qualify for citizenship at the latest in about April 2013 (if you spend 3 months out of Australia between April 2012 and April 2013. Really it all depends on whether you are staying or returning before then, which sounds as though might be a little out of your hands.