Rrv

[ails]

Hello, I hope a clever brain can help me.

 

I have looked on DIAC website and it does not really answer my question.

I have a 138 perm resident granted jul 08... not to arrive after jul 13 .... I spent a year in adelaide a couple of years ago and am seriously considering returning - prob jan 13.

My question is: if I have not been in australia for 2 out of my five years (to jul13,) can I still get a resident return visa when I have actually spent two years there even if the jul13 date has passed????

Sounds odd to people who havent looked into this, but those who have will know what I mean .. I hope of course!

 

Thanking you in advance

Ails

[ails]

Anyone got any ideas??? Just bumping this really!

[Guest ali]

I think that if they've told you to be there before July 13 then you should probably be there. Its my take on the whole thing, yet I could be wrong.

[ails]

Hi Ali

I will be there before Jul 13, its the two year thing, I'm not sure if the two years must be before Jul13, or if ive been there for 2 years in 5, but the two years bring me to jan 14 ....very very confusing .. ive read and re-read the stuff .. logic tells me that: i've got perm residence visa, before i can get RRV I must spend two years in 5 ..... but does the 2 years have to be before jul 13 .......grrrrrrrrrr????? come on clever people ... this would affect people who got their visa and waited 3 and a half years to go for example ?????

[Guest ali]

Ails, I can tell you this:

 

I'm currently waiting for my VF 475 visa and from the agent's told me I understand this: I have to live 2 years out of 3 years in SA and the 3 years are counted from the day I get the visa. This means that I only need to live and work over there 2/3 years and it doesn't matter if I live a year over there, get out for a year and go back for another year.

 

I think (its my opinion) that you've fulfilled your obligations and you need not worry. But PLEASE do get advise from a reputable agent regarding this.

 

Cheers:smile:

[Guest Lizzy]

Hi Ails,

 

I know exactly what you mean, but not sure i can tell you for sure yet, but i'm hoping to find out. we have a perm resident granted in Apr 07, we came for a week in Oct 07 & it was then extended to Apr 12. Ie we had to arrive by that date. We finally got sorted & came out to live in Nov 11 . we now find ourselves able to stay indefinitley but our visas 'ran out' 3rd April this year !! My mother is poorly & awaiting an operation back in the Uk. i obvioulsy would like to go & visit her, but am not sure i can get a rrv to come & go as i please until i've done 2 years here. so i'm thinking you will be able to come on your visa as long as you enter the country before jul 13 , which you will do , but then like us may have to do ' 2 years ' before you get a rrv or maybe just a year in your case as you sspent a year here. Hope this makes sense to you, i did know what you meant, I will let you know if i find out for sure !! & would be grateful likewise. good luck !

[Anne B]

As long as you return to Australia before your current visa runs out then you will get back in OK (I assume this date is sometime on or after 2013). When the visa runs out you don't have to get an RRV straight away, you only need to apply for it when you want to leave Australia for any reason. Just make sure that if and when you need one, you have accrued 2 years out of the previous 5.

[Gollywobbler]

Hello, I hope a clever brain can help me.

 

I have looked on DIAC website and it does not really answer my question.

I have a 138 perm resident granted jul 08... not to arrive after jul 13 .... I spent a year in adelaide a couple of years ago and am seriously considering returning - prob jan 13.

My question is: if I have not been in australia for 2 out of my five years (to jul13,) can I still get a resident return visa when I have actually spent two years there even if the jul13 date has passed????

Sounds odd to people who havent looked into this, but those who have will know what I mean .. I hope of course!

 

Thanking you in advance

Ails

 

Hello Ails

 

My FIRM recommendation is that you should ask Ian Harrop, who is based in the UK. Please see the link below:

 

https://www.mara.gov.au/agent/ARDetails.aspx?ud=3491&BackToSearch=True&FolderID=394

 

Right now, Ian has been investigating whether some friends of mine will be able to get an RRV in spite of the fact that they have not fulfilled the eligibility requirements described on the DIAC website and also, they have been back in the UK, not in Australia.

 

DIAC have recently introduced a very new rule about RRVs. Please see the link below:

 

http://www.immi.gov.au/migrants/residents/whats-new.htm

 

I do not understand what the DIAC website says about this. Sure, the change itself might be valid but does it work retrospectively? If it is supposed to work retrospectively then my guess is that it will be challenged in Court. It is contrary to every known principle of civilised Law and it is also contrary to public policy for Governments to try to foist people with hindsight ideas.

 

However, Ian Harrop is the Man of the Moment for you because he has been investigating the whole thing in detail doe my other friends, so right now nobody knows more about RRVs than Ian does.

 

Cheers

 

Gill

[ails]

Thanks Ali, Lizzi, Anne and Gollywobbler .... it seems it may be as I thought and that so long as I am there before Jul 13 and stay for another year before I apply for RRV, i may be ok. Gollywobbler, I will contact your contact down the line, to see whether it has been resolved.

thanks again

ails