Returning Resident Visa - Query

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Returning Resident Visa - Query


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Old 10-14-2011, 10:24 PM
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Question Returning Resident Visa - Query

Hi all,

I had PR of Australia but it has now expired. ;-( Unfortunately I left without getting a Returning Resident Visa. ;-( ;-( (I thought it was the right thing to do at the time and there were certain reason why I had to return to Ireland at that time). It's 7 months since I left now.
I did not live in Australia for 2 years during the 5 years I had PR (probably lived in Australia for around 16 months). I am an Irish citizen. I'm 43. Single. No dep'nts.
I'm seriously reconsidering returning to Australia. If I can?? I am a registered nurse and I can pick up work no problem if I return. I also did get my nurse registration in Australia renewed several months before I left.
What are my chances if I apply for a RRV now?? Could I get one? Any advice greatly appreciated. Thanking you in advance. Kind regards.


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Old 10-15-2011, 02:08 AM
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If you can demonstrate compelling circumstances for having left, you can still qualify for the visa. You might be able to try for a 3 month resident return visa, instead of the 5 year one (which basically means you'll have to make a commitment to remain in Aus for a few years before leaving again) - but it does say (for the 3 month one) that you need compelling circumstances if you've been out of Australia for more than 3 months:
Five Year Resident Return Visa (Subclass 155)

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Old 12-07-2011, 01:02 AM
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You need to contact a Migration agent or DIAC. It all depends on your personal circumstances and the reason why you did not stay in Australia and what you were doing outside Australia. There is no simple answer. Much depends on what, if any, connections you have maintained to Australia over that time. Sorry I would like to provide more advice but without the details of your case it is a bit like providing advise as to you illness and all you say is you have a stomach ache. If your looking at a DIY you need to read schedule one and two of the Migration Act, talk to the Australian Embassy or a member of parliament. There are serious legal repercussions and ethical issues in providing migration advice if your not a registered Migration Agent or exempt under the act. You would not be disadvantaged in making an application for a RRV. Your last departure was only 7 months ago, I assume you held a PR visa when you were last in Australia. You must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia;


Last edited by Offshore Migration; 12-07-2011 at 01:26 AM.

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Old 12-11-2011, 03:03 AM
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Need help on RRV

Hi Sarah,

My application for Aus PR (partner category) is under processing and my sponsor is an aus citizen.

Kindly advice on following:

If we stay out of aus for more than 5-7 yrs n thn plan to come back, will i be eligible for resident return visa? Under my circumstances I won't be able to meet 2 yrs out of 5 yrs condition.
Is there any way to show connection with aus while overseas. maintaining bank a/c here, paying tax etc.

If i'll be eligible, then for how long will i be issued RRV?


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Old 12-11-2011, 04:40 AM
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Unless Sarah is a Migration Agent I doubt she can advise you.

But the same response applies as above.

If you previously held PR, or was an Australian Citizen, you can apply (See Sh. 1) but your success depends on your personal circumstances and what, if any, ties you have to Australia; how long you were in Australia and why you have been away.

The DIAC website provides more information on Resident Return Visas. If your application for a 5 Year Resident Return is not applicable the Department will assess you automatically for a 3 month RRV,

You should consult a Migration Agent as each case has different circumstances.


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Old 04-12-2012, 08:41 PM
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Why can't Sarah give advice?. She's not holding out she's a migration agent and she is not providing advice for reward.


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Old 04-12-2012, 10:26 PM
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I haven't seen Sarah on here for months. I don't think she is a member of this forum anymore.

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Old 04-13-2012, 03:29 AM
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Under Australian law if you are in Australia or an Australian Citizen you can not provide Migration advice unless you are a Registered Migration Agent. a Member of Parliament and or a member of DIAC staff. There are a few other minor exceptions such as student visas and some tourist visas. It's the same for most professions that are regulated. It does not matter of it of paid employment of not. There is also issues related to professional Insurance indemnity and other requirements under law that need to be complied with when providing legal/Immigration advice. Penalty 10 years imprisonment.

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Old 04-14-2012, 12:12 AM
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Quote:
Originally Posted by Migratory Owl View Post
Under Australian law if you are in Australia or an Australian Citizen you can not provide Migration advice unless you are a Registered Migration Agent. a Member of Parliament and or a member of DIAC staff. There are a few other minor exceptions such as student visas and some tourist visas. It's the same for most professions that are regulated. It does not matter of it of paid employment of not. There is also issues related to professional Insurance indemnity and other requirements under law that need to be complied with when providing legal/Immigration advice. Penalty 10 years imprisonment.
Uh oh! close this forum down at once! your all going to jail!

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Old 04-14-2012, 02:48 AM
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Quote:
Originally Posted by mozzie View Post
Uh oh! close this forum down at once! your all going to jail!
You miss the point., this is the reason why many qualified and experienced people will not and can not open;y comment on this forum about Migration issues. They are restricted by law and professional indemnity. It is one reason why Offshore Migration who is a registered Migration Agent has refrained from commenting.

Migration Agents like any registered profession are subject to government review and compliance with a code of conduct. The code places certain professional obligations on Agents.

Face book and many social forums have caused considerable difficulties if something goes wrong. A user acts on the advice given and then uses that to make out a case or professional negligence.

As others have mentioned each case has its on issues and can not properly addressed on these op[en forums.

There also are issues of confidentiality that Agents also must abide by.

You can write to the Department and if you want you can publish their reply. It is is difficult for a Migration Agents to participate in these forums.

Applicants should also be cautioned in how and what they say. As it can effect they own visa application and status. This is a serious offence.

I know it sounds stupid but that is the law and people have been prosecuted. Sorry, but this is the facts. You really get value for money by using an Agent.


Last edited by Migratory Owl; 04-14-2012 at 02:59 AM.

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