[kumar capri]

Hi Guys,

I have a tricky question about Return resident visa (RRV) subclass 155/157 for which I could not find an answer in any of the earlier threads or posts.

Given that I satisfy all requirements for an RRV, and having applied for an RRV already, Could I leave the country before it is granted?

The DIBP have showed us that they have the whip. Not only have they increased the price of an RRV from last year, they have also increased the processing time from 1-2 days to a ridiculous uncertain 3 weeks. So we are essentially paying them more money for taking more time and doing less work. Who in the real world can demand something like that?

So with this drama happening, I do not think that I would be granted an RRV, before my travel date (i applied more than 2 weeks ago). But I am hoping that it would be granted while I am away (3 weeks) and I would have it before I return back to work and Life in Australia. I rang DIBP to check. They said I can do it and it wont affect me. But I am sure the one I spoke with is just a customer service person and would not give me anything more than a verbal confirmation. I do not want to risk it as my wife and daughter's PR are hanging in the air based on mine and any risk from my part would put their future in jeopardy.

I am wondering if any of our forum friends have faced a similar situation and can definitely say that leaving the country without an RRV being granted is a safe option.

Any response would be appreciated. Please share what you may know. Thank you friends.

kumar

 

[Ramah]

According to the DIBP website:

"If you are in Australia and the travel facility on your current visa has, or is, about to expire, you need to apply for, and be granted, an RRV before you leave Australia.

You can apply for the visa outside Australia, but it must be granted before you enter Australia."

If you've already applied onshore then it would seem like you would have to have it granted before you leave.

 

[kumar capri]

According to the DIBP website:

"If you are in Australia and the travel facility on your current visa has, or is, about to expire, you need to apply for, and be granted, an RRV before you leave Australia.

You can apply for the visa outside Australia, but it must be granted before you enter Australia."

If you've already applied onshore then it would seem like you would have to have it granted before you leave.

Yes, from the sound of it, it suggests that It must be granted. But on the 155/157 Resident return home page, it also says
" Departing Australia without a RRV may impact your permanent residency requirements for citizenship",

and adding to what you have posted

"If you are in Australia and the travel facility on your current visa has, or is, about to expire, you need to apply for, and be granted, an RRV before you leave Australia.You can apply for the visa outside Australia, but it must be granted before you enter Australia."

Also "If you do travel outside Australia after the travel facility on the visa ends, the visa will end when you leave Australia. So it is best to apply for another Resident Return visa before you leave Australia. You can also apply from overseas."

which appears to me as if I could leave but it may or may not affect my residency during citizenship and I could still leave the country. There seem to be no other repercussions. Still sounds tricky

What is your opinion on this one? please share

 

[kumar capri]

Has anyone in this forum left the country before being granted an RRV? please share your experience if you have. Thank you

 

[Ramah]

Yes, from the sound of it, it suggests that It must be granted. But on the 155/157 Resident return home page, it also says
" Departing Australia without a RRV may impact your permanent residency requirements for citizenship",

and adding to what you have posted

"If you are in Australia and the travel facility on your current visa has, or is, about to expire, you need to apply for, and be granted, an RRV before you leave Australia.You can apply for the visa outside Australia, but it must be granted before you enter Australia."

Also "If you do travel outside Australia after the travel facility on the visa ends, the visa will end when you leave Australia. So it is best to apply for another Resident Return visa before you leave Australia. You can also apply from overseas."

which appears to me as if I could leave but it may or may not affect my residency during citizenship and I could still leave the country. There seem to be no other repercussions. Still sounds tricky

What is your opinion on this one? please share

Yes but you have already applied for the RRV, right? And you applied onshore?

So according to all of that, you have to wait onshore for it to be granted by the sounds of it.

It says you can apply offshore and then you would have to wait for it to be granted before entering again.

If your travel facility expires whilst you are offshore, again you can apply offshore and wait for the grant.

But since you applied onshore, it would seem from everything which both you and I have posted from the DIBP that you would have to wait for it to be granted before leaving.

That's my understanding of it.

Maybe you could give them a call to see how the process is going for your application?

 

[sukhmaniimmi]

Hi Guys,

I have a tricky question about Return resident visa (RRV) subclass 155/157 for which I could not find an answer in any of the earlier threads or posts.

Given that I satisfy all requirements for an RRV, and having applied for an RRV already, Could I leave the country before it is granted?

The DIBP have showed us that they have the whip. Not only have they increased the price of an RRV from last year, they have also increased the processing time from 1-2 days to a ridiculous uncertain 3 weeks. So we are essentially paying them more money for taking more time and doing less work. Who in the real world can demand something like that?

So with this drama happening, I do not think that I would be granted an RRV, before my travel date (i applied more than 2 weeks ago). But I am hoping that it would be granted while I am away (3 weeks) and I would have it before I return back to work and Life in Australia. I rang DIBP to check. They said I can do it and it wont affect me. But I am sure the one I spoke with is just a customer service person and would not give me anything more than a verbal confirmation. I do not want to risk it as my wife and daughter's PR are hanging in the air based on mine and any risk from my part would put their future in jeopardy.

I am wondering if any of our forum friends have faced a similar situation and can definitely say that leaving the country without an RRV being granted is a safe option.

Any response would be appreciated. Please share what you may know. Thank you friends.

kumar

Assuming that you satisfy all the conditions for grant of 155 visa the shortest answer to your question is Yes.

Based on immi legislation, one of the circumstances for grant of 155 visa are:

"If the application is made in Australia, the applicant may be in or outside Australia, but not in immigration clearance, at the time of grant."

 

[Mania]

^ S2 155.412 & 157.412 directly clashes with the advice given on immigrations website, always fun huh.

The question then becomes "whose missed what".

 

[sukhmaniimmi]

^ S2 155.412 & 157.412 directly clashes with the advice given on immigrations website, always fun huh.

The question then becomes "whose missed what".

Well that is why there are RMAs around

 

[al_ghazal]

Has anyone in this forum left the country before being granted an RRV? please share your experience if you have. Thank you

Here's a quote from a migration agent who replied to a similiar question about RRV posted on this forum earlier in the year.

You don't need to wait for approval as lodging in Australia means you can be granted either in or outside Australia. If the application refused then you can apply again.

The only reason why it would be refused is that you have not provided enough evidence of you ties to Australia.

 

[Mania]

Well that is why there are RMAs around

I guess my point there was when someone acts on what is written on Immis website without consulting an RMA. The next question that can be asked is what else is wrong and on what visas, - we know that mistakes are there but how many applicants don't, hell I didn't even know RMA's existed until I got to Australia.

 

[sukhmaniimmi]

Well Mania you made a reference about sch2 in your post. Does that mean you?re an RMA/Lawyer?

 

[Mania]

Well Mania you made a reference about sch2 in your post. Does that mean you?re an RMA/Lawyer?

Nope, just a visa applicant that came here, learnt and hopefully regurgitates more good advice then bad. Call it a hobby, legislation has always interested me

I tend to be the pain in the ass that opens bigger kettles of fish with small interjections hoping that someone will explain them more in depth so I can learn more from it 😂

 

[kumar capri]

Assuming that you satisfy all the conditions for grant of 155 visa the shortest answer to your question is Yes.

Based on immi legislation, one of the circumstances for grant of 155 visa are:

"If the application is made in Australia, the applicant may be in or outside Australia, but not in immigration clearance, at the time of grant."

Hi,

That is some valuable information you have provided. Could you please direct me towards a link which would have detailed information regarding that legislation. Thank you for your help. Much appreciate your time

 

[kumar capri]

Called DIBP to Confirm

Hi Guys,
Just to add to the previous posts, I rang DIBP twice on different occassions to confirm whether i can leave the country while before RRV is granted, they told me that i could and it wont cancel my PR. Somehow something does not seem to add up. I have 4 more days before I can travel. hopefully this should get sorted out soon.

I'll try and speak with an Immigration lawyer and see if there is some info he has.

Much appreciate all your valuable comments and thoughts. I'll update if I get some solid info. Hopefully this thread will help someone in the future.

Good job guys!

Kumar

 

[A&M]

Guess you are also waiting for your RRV because of DIBP's long delay....

I lodged my application since 18 Sep and am yet to hear anything from DIBP except the multiple email notifications about my successful logins.

I am due to travel on 22 Oct and my last resort to return to Australia would be get an ETA (which is not really a substantive visa, so it presumably should not supersede my permanent residency / RRV application).

 

[kumar capri]

Here's a quote from a migration agent who replied to a similiar question about RRV posted on this forum earlier in the year.

Thank you. that was very useful. Much appreciate your reply

 

[kumar capri]

Guess you are also waiting for your RRV because of DIBP's long delay....

I lodged my application since 18 Sep and am yet to hear anything from DIBP except the multiple email notifications about my successful logins.

I am due to travel on 22 Oct and my last resort to return to Australia would be get an ETA (which is not really a substantive visa, so it presumably should not supersede my permanent residency / RRV application).

Definitely mate, I am in similar situation. Contemplating about leaving before the grant if it does not affect my PR. I am travelling on the 20th of OCT. Applied at the end of September. Do you have any confirmation from any lawyer who would clarify. I called immigration twice to be told that I could leave before grant of RRV. I am very sceptical as my wife and daughter's PR are hanging in the air based on my PR and I do not want to ruin all the effort of having come this far.

 

[A&M]

I totally understand your concern mate. I have checked with Mark Northam on this forum whether an ETA would replace my permanent residency, so it may not seem to be a direct response to your concern.

http://www.australiaforum.com/visas-immigration/49513-ask-mark-1371.html#post1696498

You may want to double check with Mark specifically?

Let me know how you go?

 

[kumar capri]

I totally understand your concern mate. I have checked with Mark Northam on this forum whether an ETA would replace my permanent residency, so it may not seem to be a direct response to your concern.

http://www.australiaforum.com/visas-immigration/49513-ask-mark-1371.html#post1696498

You may want to double check with Mark specifically?

Let me know how you go?

Cheers! bro. Good luck with your RRV as well. keep us posted. Ill post back if I get any confirmation or info from anyone.

Have a good one!!

 

[A&M]

Renewing Permanent Residency - 155 & 157 Resident Return Visas | My Access Australia

Hope this agent's comment helps

Lay
October 2, 2017 at 5:35 pm
Dear Peng,
My husband lodged his RRV subclass 155 in 5/9. Todate the status on his application is still "to be assessed". He has to leave Australia in a few days for work matters. Will his leaving affect the processing of his RRV? I suppose he will have to wait till his RRV be approved to return. Am I correct? Thank you in advance.

Peng Cheng Post author
October 4, 2017 at 10:14 pm
Hi Lay,
He can be outside of Australia when the application is decided.
He does need a valid visa to return to Australia.
PC