Rosie n family

We have had a great 10 months living outside Sydney (sutherland Shire) But we have realised we aren't prepared to sell up (in the UK) & emigrate - We have many things pulling us back to the UK (family, friends but also business plans) - and we are planning our return to get the 11 year old in to the start of UK secondary school.
But our feelings are mixed and as an Aussie/British passport holder I would like the option to come back, and bring them with me! (maybe the kids could go to Uni here...?) My husband and 3 children are on Class BC Resident S640 - sub class 100 conditions Mig.regs.sched8? It was granted in Jan 03 - Jan 08 Multiple travel.....etc

Does anyone know what we should apply for to 'protect' ourselves from losing the opportunity to come back? Would we be entitled to an indefinite return visa - The visa says they are permitted to remain in Australia indefinately but I imagine we lose this right if we leave?

I'd appreciate any advice
Thanks
Rosie

JAJ

1. Australia does not have an 'indefinite' RRV and while your visas let you stay indefinitely, the facility that allows you to enter the country is not indefinite. Your family will need to keep qualifying for RRVs as long as they are not citizens. The only safe way to keep long term access to Australia is for them to become citizens as well.

2. Read form 968i for details on Australia's RRV rules. Read the details about 'substantial ties' and the '5 year absence' rule. Bear in mind the rules could be made tighter in future.
http://www.immi.gov.au/allforms/pdf/968i.pdf

3. You, as an Australian citizen can return any time you like and this *might* make it easier for your husband and children to get RRVs.

4. Are your children not entitled to Australian citizenship by descent? How and when did you get your own Australian citizenship?

Jeremy

Rosie n family

thank you for this info...

As I understand....The RRV's are eligable for 3mths or 5 years and I think we would intend returning after this date -Certainly my eldest 16 would like to come back soon - and his current visa would allow him to (it expires 08) although I cant see me letting him do that on his own!- I intend seeing the youngest through secondary school in the UK (10 years to go.....)

I didn't realise my children could apply for citizenship by descent?

By the way my grandparents and mother is Australian (they were all born in Aus but went to the UK in the '50's) and live in the UK, although I have an aunt and cousins here in Oz - so I got my citizenship and passport 2 years ago but I was born in the UK (so mine is by descent)

We seem to have done everything the 'other way round' ! but I just would hate to burn our bridges by returning to the UK, not realising there's some way of them getting citizenship or even an indefinite RRV (have I dreamt that one?)

Thank you very much for the help - it is appreciated

Rosie

JAJ

In that case, where you envisage returning, you really should be thinking hard about the option of staying until you get citizenship.


As you're Australian by descent yourself, they can't (become citizens by descent) until you have lived in Australia for 2 years.

By that time of course it would probably just make more sense for your older son to become naturalised independently (16 year olds can do this) and for your younger son to naturalise alongside your husband.

There's no such thing as an 'indefinite RRV' so forget the idea - but you haven't been dreaming - New Zealand has such a thing, but not Australia.

Jeremy

Rosie n family

Now we have made the decision to go back. I feel quite sad about it- knowing you're probably right and we should have stayed to get citizenship. I wish we'd done it when the kids were younger/ or even wish I felt more extreem about both places. Maybe thats why people tend to 'demonise' the place they're leaving to justify their reasons, even subconsciously (seeing faults in the slightest thing)
I even wish I felt more homesick for the UK. I just know I'm doing this for certain reasons and whatever decision (staying or leaving) would have been difficult. Its the carrying it through which is hard. Also my 16 yr old is taking it badly, but I know he'll be OK when we get back- he just doesnt believe me
thanks for the info, we're lucky to have a choice
Rosie

JAJ

Without knowing the circumstances or the people involved this is only a 'guess' but I would not rely on your 16 year old being happy back in the UK if he really loves Australia.

As for the rest of your family, your spouse and children (until they become independent), they may be able to get RRVs on concessional grounds but it won't be automatic.

Make yourself very familiar with what it says on form 968i and make sure you keep in touch with developments in Australia (eg DIMIA website) so that if the RRV rules get tightened up you at least are aware of it.

I presume you have thought of the option of giving Australia longer before making a decision on whether to stay or leave - 10 months is not all that long - that would allow you to sort out citizenship for the family as well.

Jeremy