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Hi everyone, I hope someone can shed some light on me when would be the best time to reapply for the Resident return visa given my case below.

To give you a little bit of background, I applied the resident return visa offshore and was granted a 1-year resident return visa, which expires in August 2018. I was very lucky to have the visa granted to me because I departed Australia in 2006 and did not fulfill the 2 out of 5 years staying requirement before I left, as well as my initial PR visa had expired 7 years ago in 2010.

Now due to new circumstances, I cannot relocate back to Australia prior to my visa expires in August 2018. I’m filing a divorce with my partner and I need to put my case to the court in order for the court to grant me a jurisdiction to allow me legally removing my kid out of my country to Australia, as my partner did not agree to sign the consent for child migration application form. The court case is scheduled in August 2018, just a few days before my Resident return visa expires, which largely means I cannot relocate back to Australia before my visa expires.
The first time I entered into Australia using my Resident return visa was in October 2017. I had business trip and stayed in Melbourne for 2 weeks at that time. Before my visa expires in August 2018, I will have another 3 business trips to Melbourne this year, one scheduled next week and the others are scheduled in June and October. I will stay in Melbourne for 2 weeks for each of my stay.

I know we have to notify immigration ASAP of any change of circumstances, so my question is should I reapply for the resident return visa online while I’m in Melbourne next week? I plan to include in my application a lawyer letter stating I have a court case now to support my relocation deferment. Or should I defer reapplying the visa until June when I’m in Melbourne again since this will be the one last time I enter into Australia prior to my visa expires in August 2018.

I’m very afraid immigration will not grant me another resident return visa if I have failed to relocate back to Australia before August.

Thank you everyone!
 
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