JeronimoSAP

Dear Friends, I need you advise on my issue.
I have GSM 175 visa which will expire within one year. I have a wife and 2 kids and would like to move them to Australia near to the date of my visa expire.

I have very well paid job in Middle East and I dont want to quite for now. So my question is:
- If my wife and kids will be in Australia (with GSM 175 visa)
- I let my GSM 175 visa expire
- then I plan to apply for Subclass 100 Spouse/Partner visa in order to have another 5 year of travel option to/from Australia.

Will this plan work out for me? Do you know anyone who did something similar before?

louie

It should work, but you probably don't need to do that, as the likelihood is that you would get a (one year but renewable) RRV based on your ties to Australia (ie your family) once your family are settled in Australia. See more here, where there is reference to Australian citizen family, but I think that would extend to permanent resident family too.

moneypenny20

So you want to pack your family off to a strange country and you continue to live and work in the Middle East alone?

JeronimoSAP

@moneypenny20: Actually I have around 3 month vacation per year, I was planning to visit them every 3-4 weeks and they can spent time over here during the school holidays. So it will be sort of rotational kind of work.

Actually, we thought about all this only because to maintain our RP status, we love Australia and we want to live there but we are planning to move to Australia when kids get a bit bigger.

JeronimoSAP

Thank you for your reply...At the link you provided it is stated that:
If you're living overseas it's more difficult. But you should normally be able to show substantial ties if you have ties such as:
Australian citizen dependent children

How reliable this information is? I was checking the immigration website (http://www.immi.gov.au/migrants/residents/155/) and could not find this statement.

My wife is pregnant and if the above information is reliable, we can plan our delivery in Australia so that our new baby have Australian citizenship. Then my family can stay with me in middle east and we can just extend RRV every year based on the fact that we have Australian citizen dependent children.

I am sure that before in order to apply for 5 year RRV it was not enough to have Australian citizen dependent children as Personnel ties to Australia. But probably with 1 year RRV they relent the rules.

Did anyone succeeded getting 1 RRV only based on Australian citizen dependent children relation?

Pollyana

This might be a daft question, but why on earth did you apply for PR for Australia when you clearly have no intention of ever living here?

louie

Give him a break. He's already explained:

Sometimes life can mean short terms plans are diverted whilst the long term plan remains the same (I speak from experience!).

Back on topic - see this post about DIAC's internal manual, but bear in mind that it dates back to 2008. I think you would be safe with your family in Australia, but taking a big risk relying solely on an Australian child if he/she would be your only tie.

Pollyana

As I said, its probably a daft question! The way it reads though he is planning to trying to get repeated 5 year RRVs based on having Aussie children, who don't live in Australia, but in the Middle East - all seems like a lot of hassle with no guarantee of success. Might show more commitment and have more chance of success form the OP to get RRVs if the family were here long enough to become citizens before returning to the Middle East - do you think?

louie

There's no chance of a 5 year RRV without 2 years in Australia, as far as I know. I expect there's more chance of future RRVs if the family are there long enough for citizenship, but given that would take a minimum of 3 years, by which time his children would be or about to be school age, I'd guess he would by then be ready to move himself in any case.

JeronimoSAP

Thanks everybody for your replies and feedbacks!!

I understand the point raised by @Pollyana and it is very valid point. Why people apply for RP if they dont immigrate to Australia within reasonable time frame (and 5 years is more then enough to make up your mind). In general I fully agree and understand this kind of position.

But as as @louie correctly mentioned "sometimes life can mean short terms plans are diverted whilst the long term plan remains the same".

While there is economic crisis going on and there is no sense of ground under many people feet, We feel more comfortable to wait another 3-4 years for things to get a little bit better. When we have 2 kids and expecting 3rd one we don't want to change a stable work with salary more then 180K net per year for something uncertain and unclear.

I have 9 yrs experience in Oil & Gas industry (with work experience in Asia, Europe, Middle East) and I was applying time-to-time for the job ads in Australia for the last 1,5 year....I did not get even one single job offer! And I am not asking for a huge salary or applying for high positions. Of course I realize that job hunting from offshore decrease the chances of getting the work to 10%, but not having even single job offer makes me feel uncertain and wee bit sad.

Having said that, we still have firm plans to live in Australia and contribute to its economy and community. Actually I plan to spend our 3 month summer vacation next year in Perth and I wanna see how it goes there before making my final decisions, wanna see the job market from inside, talk to recruitment companies, look for house, schools, etc.
But as of now I really would prefer to stay at my current work before I find something reasonable in Australia.

I will probably contact some good agents specialized in RRV area and get some professional advises. Do you guys have any contacts?

Pollyana

There is Ian Harrop in the UK, he comes well recommended for RRV cases. Also there are several agents who contribute to the forum, George Lombard and Alan Collet come to mind.
When you go for a RRV the one thing they will look at is your ties to Australia, so I would suggest keeping evidence of your job hunting, house hunting, contact with schools etc.
Bear in mind though that DIAC will be coming at this from the point of view of "You applied for a visa, now you should use it" - they don't make allowances for the human side of the situation, which is why occasionally people like me will play "devil's advocate" and get you to think about what your reasons are for having the visa