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Discussion Starter #1
Hello,

My husband and I have a PR visa for Australia which is due to expire in Nov 2010. We have not lived there for 2 years, and have only been there on holiday for a total of about two months in the past 5 years.

We were going to migrate there before our visas expired. However, my husband's dad now has terminal cancer. So this has now thrown our plans into disarray.

Seeing as I am the principal applicant, I MAY move to Oz before the visa expires, leaving my husband behind. He intends to join me later.

Questions:
a) Is it better to apply for an RRV BEFORE I've actually moved there or wait until I've entered Australia?
b) What if neither of us go-- if my father-in-law's illness gets worse. What are our chances for getting an RRV on compassionate grounds?
c) On what basis can my husband enter Australia, assuming I'm already there and his PR visa has expired?
d) What if we both move there before our PR visas expire but we have to a) go out of the country to see to his dad for short periods b) move back home for, say, a year? What are our chances of getting an RRV and being able to stay away for long periods after we've settled in Australia?

We have Australian bank accounts and extended family there.

Really appreciate any feedback! Thanks lots!
 

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Hi:

a) You should get it after you get back. You may live on your PR even after the 'expiration' because that expiration is mainly affecting the RRV. If you are on PR and in Australia before that date your PR continues. You must however get an RRV before you next leave Australia after that expiration date otherwise you will not be able to return as a PR to Australia.
b) I would say low, you could certainly try but the more likely outcome is neither having valid RRVs so no right to return to AU as PRs, new applications for PR would be needed and these days that has become a multi-year wait.
c) You can apply for a Spouse visa (new application). His previous PR and RRV would have become invalid by then and cannot be resumed.
d) It's a complex question, you need to know the rules of RRV exactly, so you should still be able to get 3 month RRVs until you have fulfilled the residency requirements to be eligible for 5 year RRVs. You need to also check with Immi if they will issue back to back 3 month RRVs. Read about the RRV rules at the Immi website and know each and every condition of the 3 month and 5 yr versions.

Hello,

My husband and I have a PR visa for Australia which is due to expire in Nov 2010. We have not lived there for 2 years, and have only been there on holiday for a total of about two months in the past 5 years.

We were going to migrate there before our visas expired. However, my husband's dad now has terminal cancer. So this has now thrown our plans into disarray.

Seeing as I am the principal applicant, I MAY move to Oz before the visa expires, leaving my husband behind. He intends to join me later.

Questions:
a) Is it better to apply for an RRV BEFORE I've actually moved there or wait until I've entered Australia?
b) What if neither of us go-- if my father-in-law's illness gets worse. What are our chances for getting an RRV on compassionate grounds?
c) On what basis can my husband enter Australia, assuming I'm already there and his PR visa has expired?
d) What if we both move there before our PR visas expire but we have to a) go out of the country to see to his dad for short periods b) move back home for, say, a year? What are our chances of getting an RRV and being able to stay away for long periods after we've settled in Australia?

We have Australian bank accounts and extended family there.

Really appreciate any feedback! Thanks lots!
 

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Discussion Starter #3
Getting an RRV- Australia. Please help!

Hi:

a) You should get it after you get back. You may live on your PR even after the 'expiration' because that expiration is mainly affecting the RRV. If you are on PR and in Australia before that date your PR continues. You must however get an RRV before you next leave Australia after that expiration date otherwise you will not be able to return as a PR to Australia.
b) I would say low, you could certainly try but the more likely outcome is neither having valid RRVs so no right to return to AU as PRs, new applications for PR would be needed and these days that has become a multi-year wait.
c) You can apply for a Spouse visa (new application). His previous PR and RRV would have become invalid by then and cannot be resumed.
d) It's a complex question, you need to know the rules of RRV exactly, so you should still be able to get 3 month RRVs until you have fulfilled the residency requirements to be eligible for 5 year RRVs. You need to also check with Immi if they will issue back to back 3 month RRVs. Read about the RRV rules at the Immi website and know each and every condition of the 3 month and 5 yr versions.
Many thanks for your answer.

Just wanted to be clear about point A, however. Will it be easier if I apply for an RRV BEFORE it expires (I'm not in Australia now) or AFTER I enter Australia?

Thanks so much!
 

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I think the difficulty level is about the same, but in my opinion it is safer to get that RRV after you return to AU. If you are in AU even if you get a deny on a new RRV your PR is still valid and you may stay in AU, then you can work through the residency period or documentation to get a new RRV.

Should you be outside AU and the new RRV is denied then you will need to make some hasty plans and decisions to preserve your PR.

Simply from a planning perspective I would say be in AU rather than outside AU.

Many thanks for your answer.

Just wanted to be clear about point A, however. Will it be easier if I apply for an RRV BEFORE it expires (I'm not in Australia now) or AFTER I enter Australia?

Thanks so much!
 

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From what I understand, we won't probably get RRV since you both do not meet residency requirement. If you want to remain as AuPR, you need to go in before visa expires and do not come out till you meet residency requirement. But it may be hard since the family tie is behind.

Looks like you need to choose only one.


Regards,
Sunny

Many thanks for your answer.

Just wanted to be clear about point A, however. Will it be easier if I apply for an RRV BEFORE it expires (I'm not in Australia now) or AFTER I enter Australia?

Thanks so much!
 

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Hi Sunny:

There are two types of RRV, I am sure they would not be eligible for a new 5 yr RRV, but if they are back within AU before the 'expiration' of their first RRV then they can be eligible for a 3 month RRV and visiting a sick relative is mentioned on the RRV info.

But the bottom line is correct, be back in AU before the first RRV expires, otherwise forget having a PR.

From what I understand, we won't probably get RRV since you both do not meet residency requirement. If you want to remain as AuPR, you need to go in before visa expires and do not come out till you meet residency requirement. But it may be hard since the family tie is behind.

Looks like you need to choose only one.


Regards,
Sunny
 

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if they are back within AU before the 'expiration' of their first RRV then they can be eligible for a 3 month RRV and visiting a sick relative is mentioned on the RRV info.

Thanks for correction, Amaslam.

Is it only eligible to those visiting to a sick relative?


Sunny,
 

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I think they use that as a typical case, but perhaps there are more. There isn't any list of conditions but as any visa it is upto the discretion of the dept. to grant it.

Thanks for correction, Amaslam.

Is it only eligible to those visiting to a sick relative?


Sunny,
 
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