Returning residents visa

[Guest scmercer]

Hi

 

We are currently on a PR visa 175 and we are thinking of returning to the UK later this year on a permanent basis. We would have been in Australia for approximately 2.5 years at that point and dont have citizenship. We are currently in the process of deciding when to return and just really wanted some advice on whether we would need to apply for PR again if we ever decided to return to Oz. I honestly think if we do return to the UK that we probably would never return to Oz, but we just wanted to know what all our options would be before we decide.

 

I know there are a few ping pongers who may be able to offer some advice.

 

Thanks

 

Sheila

[Scousemouse]

Hi,

my understanding is that your visa is valid for 5 years, and you can come and go at will during that time; after that you need to apply for a returning resident visa..............

 

I think you would probably have to re-apply if you leave it too long with your return........

Its all very messy this visa lark.....i would be applying for citizenship, or dual nationality if i where to go back, and wanted to keep my options open; but then, i dont want to go back, just yet.............

[Riponian]

Hi

 

We are currently on a PR visa 175 and we are thinking of returning to the UK later this year on a permanent basis. We would have been in Australia for approximately 2.5 years at that point and dont have citizenship. We are currently in the process of deciding when to return and just really wanted some advice on whether we would need to apply for PR again if we ever decided to return to Oz. I honestly think if we do return to the UK that we probably would never return to Oz, but we just wanted to know what all our options would be before we decide.

 

I know there are a few ping pongers who may be able to offer some advice.

 

Thanks

 

Sheila

 

Hi Sheila

 

Just wanted to say sorry it looks like Adelaide is not for yu and wish you all the best with the decision process.

Think applying to citizenship or something sounds like a good idea, keeps your options open.

 

Michelle

[Anne B]

I had a permanent resident spouse visa and lived in Adelaide back in the 1990's, but then we returned to the UK for over 12 years before coming back to Adelaide again to live in 2009. After my visa ran out in 1999 I got an RRV from Australian House in London, however 5 years later in 2004 I was no longer eligible (you have to spend 2 out of the last 5 years in Australia, so I didn't bother getting one.

 

By the time we had decided to return (2009) I tried to find out whether I had to reapply for a spouse visa again and the advice I got (from the agents Go Matilda) was that I did have to reapply. When I phoned Australia House they couldn't give me a definite answer but said the general rule was that if you have been away from Australia for over 10 years then they wouldn't reinstate your RRV, but each case was considered on its merit. If you could show compassionate reasons why you had been away then you would probably get it. So I could have applied for another RRV but there was no guarantee I would get it (I didn't have any compassionate reasons to explain 12 years away) plus I would lose the application fee and waste time, so I just applied for a Spouse Visa all over again.

 

So you could go back to the UK, apply for an RRV when your visa runs out in a couple of years, then if you decide to move back to Australia make sure you do it before that runs out 5 years later!

[Guest moonraker1959]

Hi,I'ver had my RRV renewed twice now!(been back in the UK for 10 years)I havent had a problem renewing mine but I did have compassionate reasons so perhaps thats the reason.I found it an easy process and it took 2 weeks.

[jim and adel]

Sorry, can't answer your questions but I'd really try to stick it out long enough to get your kids citizenship - could be so handy when they're adult (of course you'll already have thought long and hard about this, so probably a rhetorical point!)

 

Jim

[Anne B]

Hi,I'ver had my RRV renewed twice now!(been back in the UK for 10 years)I havent had a problem renewing mine but I did have compassionate reasons so perhaps thats the reason.I found it an easy process and it took 2 weeks.

 

I think if you have strong family ties with Australia, such as all your family there, that is considered a valid enough reason (like compassionate grounds or strong business interests) to renew the RRV.

[RockDr]

I had a permanent resident spouse visa and lived in Adelaide back in the 1990's, but then we returned to the UK for over 12 years before coming back to Adelaide again to live in 2009. After my visa ran out in 1999 I got an RRV from Australian House in London, however 5 years later in 2004 I was no longer eligible (you have to spend 2 out of the last 5 years in Australia, so I didn't bother getting one.

 

By the time we had decided to return (2009) I tried to find out whether I had to reapply for a spouse visa again and the advice I got (from the agents Go Matilda) was that I did have to reapply. When I phoned Australia House they couldn't give me a definite answer but said the general rule was that if you have been away from Australia for over 10 years then they wouldn't reinstate your RRV, but each case was considered on its merit. If you could show compassionate reasons why you had been away then you would probably get it. So I could have applied for another RRV but there was no guarantee I would get it (I didn't have any compassionate reasons to explain 12 years away) plus I would lose the application fee and waste time, so I just applied for a Spouse Visa all over again.

 

So you could go back to the UK, apply for an RRV when your visa runs out in a couple of years, then if you decide to move back to Australia make sure you do it before that runs out 5 years later!

 

This isn't relevant to the OP but just wanted to comment on this. I read recently that PR spouse visa holders don't actually have to have been in australia for the four years in order to qualify for citizenship. If you have been with your Spouse the entire time you've been out of australia in those four years, then you can apply for citizenship provided(see section 5 of ministerial discretions Australian Citizenship – Variation to the residence requirement ). I don't know when this rule was brought in though, so it may not have applied back in 2009.

[Anne B]

This isn't relevant to the OP but just wanted to comment on this. I read recently that PR spouse visa holders don't actually have to have been in australia for the four years in order to qualify for citizenship. If you have been with your Spouse the entire time you've been out of australia in those four years, then you can apply for citizenship provided(see section 5 of ministerial discretions Australian Citizenship – Variation to the residence requirement ). I don't know when this rule was brought in though, so it may not have applied back in 2009.

 

Thanks for that, I will look into it. I almost applied for citizenship when I lived here before, but didn't bother as the plan was to go back to England for 2 years (not 12) !!! Would have saved me some money if I had done it though .... always wise after the event.

[Guest scmercer]

Hi Sheila

 

Just wanted to say sorry it looks like Adelaide is not for yu and wish you all the best with the decision process.

Think applying to citizenship or something sounds like a good idea, keeps your options open.

 

Michelle

 

Thanks Michelle

 

Still not fully decided on what we will do, but I would like to return prior to the children starting school and also whilst the dollar is so strong as well.

[Guest scmercer]

Sorry, can't answer your questions but I'd really try to stick it out long enough to get your kids citizenship - could be so handy when they're adult (of course you'll already have thought long and hard about this, so probably a rhetorical point!)

 

Jim

 

Ideally we would like to get citizenship, but another 2 years waiting for it is probably too long to wait. I do agree, it would be better to have it though!!

[Guest m.jephcott]

Hi

I thought I would tell you my story to see if it helps.

We arrived in Adelaide in Dec 2004, as a permanent move myself, partner and 3 year old son. After 7 months we decided we had had enough (many problems) and returned to the UK July 2005. My son was almost 4 and due to start school in Sept. We thought about staying a further 18 months to gain citizinship, but felt it better to start William in school as he would not start for another 18 months in oz and may fall behind. After returning to the UK we wondered if we had made the right decision. Our visas expired in Sept 2009, we were devestated and called the migration agent to see if there was anyway we could go back to Oz. We were able to get our visa extended on the following conditions: 1, it was less than 5 years since we left Australia 2, We had a reason to return (in our case my partner was able to secure work). So in March 2010 we applied for RRV and were granted within a week. This was expensive, and complicated and we needed to get visas for our 2 girls. We arrived back in OZ in Sept 2011, we are still unsure if this is the right move for us, but will hopefully stick it out to get citizinship.

As for our son, he had been at school for 5 years and was falling behind, it would have made no difference to him if he had stayed on in Oz for that further 18 months. Ther are also other options such as motessorri here. Children at a young age can be moved easily he is 9 and has settled well. As for the value of dollar/ pound thats a different story.

[Guest taunton]

Hi

 

This is my first posting but relevant to your question. We emmigrated in 2006 and returned to the UK in 2008, we did not get citizenship and really wished we had done, we have 3 months now before our 5 year PR visa runs out, we decided to return to OZ last year but due to family issues it was not possible....

 

We are in the process of returning before the 5 year PR visa runs out, we have been intouch with our original agent who says that we would probably get an extension as we returned and stayed for compassionate reasons, but he also said it would be looked upon more favorably if my husband had the promise of work from previous employer or an employer...the turn around for renewals is approx 4 weeks at the moment.

 

We have decided to bit the bullet so to speak and just return before the visa runs out, but it is really stressful as it only gives us 12 weeks..

 

My personal advise would be to get the citizenship, gives you and your kids that opportunity in the future, it is certainly something we regret not doing....

 

Best of luck with your return, hope it all works out for you.

 

Wend