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Resident Return Visa subclass 157, partner & child visas

5K views 3 replies 3 participants last post by  lightningx 
#1 ·
Hi everyone

I was granted Permanent Resident in 2003 and Resident Return Visa subclass 155 in 2008 (expired in 2013), but have only been in Australia for about 3 years in 2003-2006, 7 days in 2009 and 10 days in 2012.

Now I have a plan to travel to Australia in October with our toddler son and my parents to visit my brother, who is a PR. Also my Singaporean husband intends to do postgraduate study in Australia early next year for a 1-1.5 year course, with me and our son coming along.

Given my situation (detailed timeline below), could you please share your views on the following:

1) What's the chance that I'll be successful in applying for the 3 months RRV subclass 157 for the October trip, and then apply for the same again for my husband's postgrad study? I thought I would quite easily qualify for sc 157 (I know I have no chance for sc 155), til I did a google search and found so many have been refused RRV!!

2) Any chance that I could sponsor my husband and our son for partner sc 309/100 (or 820/801) and child sc 101 (or 802) visas, instead of them being on student visa? We do hope to migrate and settle down in Australia.

My detailed timeline as follows:

2003 - Finished undergrad in Australia, applied and was granted PR. Continued to stay in Australia for further study and had the intention to work & stay there permanently.

Aug 2006 - Left Australia for Singapore as I got a job offer in the latter that's relevant to my qualification. I couldn't find such job in Australia after trying to look for more than 6 months, so while still in Australia waiting, I tried to apply for one in Singapore as 1) I have quite many friends there, 2) the job there still pays better than my home country, 3) it's close to my home country, and 4) I'm quite familiar with the country. All the while I was hoping to go back to Australia and have a better chance at getting a suitable job after gaining some relevant work experience in Singapore.

Sep 2006 - Got into relationship with a Singaporean friend (who is now my husband).

July 2008 - My initial 5 year travel facility was about to expire so I applied for RRV subclass 155 offshore in Singapore and was granted.

March 2009 - Travelled to Australia for 7 days.

Feb 2011 - Got married in Singapore.

Apr 2012 - Travelled to Australia for 10 days.

July 2013 - RRV expired.

Nov 2013 - Our son was born in Singapore.

Apr 2015 - Quit job to take care of our son myself and haven't been in the workforce since then.


Thank you very much for sharing your views!
 
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#2 ·
I recommend that you consult with an experienced registered migration agent to talk about your issue. Yours is quite a complex case and you haven't provided enough information to make a decision. There are are several agents on this sit (including me) who would be able to provide review your case in detail.
 
#3 ·
Hi Jeremy, thanks for responding.

I'm currently in Singapore so I suppose it would be simpler to engage a registered agent in Singapore (and settle all the visa stuff offshore here), or would I have a better chance of success if I engage one in Australia (and perhaps do most of these things onshore)?

Additionally, would it jeopardise my chance of getting an RRV later if I go for my October trip with a tourist visa? It seems doing so will disqualify me from having "been a permanent resident or an Australian citizen for the entire period spent in Australia" (ie 1 of the criteria for RRV sc 157).

Thanks!
 
#4 ·
My partner successfully applied for a 157 RRV onshore while on an ETA visa. The case officer did mentioned that she should have applied offshore instead, but still went on to grant her a 3 month RRV.

Ideally, an offshore RRV will be best.

But your travel plans requires you to have two 3 months RRV. You should seriously reconsider. There's a high chance you'll not be granted the 2nd RRV, because they'll want proof that you're sincere in residing. Having stayed a few days or weeks in your first RRV will not be sufficient.

My partner tried to enquire about applying for a 2nd 3 months RRV onshore, after staying close to 2 months on the first 3 months RRV, and the first thing the case office said is a blunt, "You don't live here, come back when you are ready". And she finally got the 2nd RRV only after producing a compelling and compassionate reason of a sick family member and a return air ticket.

Plan your big move assuming you'll have one chance at a 3 month RRV. Otherwise you may be in for surprises. If meeting your bro is non-negotiable, maybe something like:

Apply RRV offshore late Oct. RRV granted Nov 16 - Feb 2017
Visit your bro in Nov.
Stay on in Oz, find a place to rent, find a job and prepare and pave the way for your husband and kid to come in Feb where term starts :) If you're lucky and can find a job in that first 3 months of RRV, you're almost assured of getting a 1 year RRV based on substantial ties.

or

you can take the 3 month windows to fly back to sg and prepare your big move but you must fly back in before the 3 months RRV end.

In this way, you can clock some time in Oz and apply for 820 for your husband while he's onshore. It helps in your husband's partner visa application.
 
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