Not eligible for Resident return visa, what are my options?

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  • 2 Post By Jeremy Hooper

Not eligible for Resident return visa, what are my options?


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Old 11-30-2017, 11:55 AM
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Users Flag! From uk

Not eligible for Resident return visa, what are my options?

I was granted a 189 permanent resident visa in February 2014 however about 3 months later I had to leave Australia for a mix of work and personal reasons. So my 189 visa expires Feb 2019 and I won't be able to go back to Australia until around August 2018. Now this would be fine if I could stay there for 2 years, but I have children that don't live there so I would have to travel abroad.

Getting a resident return visa isn't possible as I don't have any strong ties to the country and I haven't met the eligibility criteria for amount of time spent there.

So, what is my status after my current visa expires, if I can't get a return visa then does that mean I can't even travel to Australia? Do I become a non permanent resident? Are there any other options for me if I wanted to move back there?

Thanks


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Old 11-30-2017, 12:13 PM
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Who says you don't have ties to Australia? You have over a year to work on those ties. So why are your children not in Australia? Do you really want to settle in Australia? Lots of questions and plenty of time to work out a plan. I suggest that you do.

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Old 12-01-2017, 02:14 PM
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In terms of ties to Australia, the only likely one would be work if I got a job there, so that's a possibility, although if I've been away for so long and then only been working there for a few months is that likely to actually be an acceptable reason to obtain a RRV?

My children live with their mum who has no intention of moving.

While yes I would like to settle in Australia it's something that is unlikely to be possible at the moment so getting an extra 5 years would be a nice option to have.

However what my main concern is, what happens if I don't get that return visa but then want to visit Australia for a holiday, what is my status at that point? I also have money in superannuation which I couldn't take out when I left Australia because of being a permanent resident, but if my visa expires and I'm not in Australia then does that mean I am then eligible to extract that money in the same way non residents do when leaving?


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