RRV expiring, wife pregnant without PR

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RRV expiring, wife pregnant without PR


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Old 06-10-2010, 03:19 PM
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Thumbs down RRV expiring, wife pregnant without PR

Hi there!
I'm in a spot of bother at the moment and had stumbled upon this forum where I've seen some pretty good advice shared and would appreciate something similar.

My predicament is this...

I am a PR holding an RRV (renewed once before offshore with 6 months shy of 2 years back in 2005) which is due to expire at the end of Dec this year. My wife (non-PR) and I have genuine plans to return to Oz before the end of the year. However, as fate would have it, she's pregnant with our first child - now entering the 4th month and due to be delivered on the exact week my RRV expires (talk about perfect timing!). We have more or less decided that we don't want to put her (my wife) through a stressful period of applying for her spouse-sponsored PR now e.g. the dilemma of whether to take the medical x-ray (Malaysia is a TB higher risk country) as well as the anxious wait for the results and if successful, the short period of time for us to quit our jobs, to get rid of our belongings here and to make the physical move to Oz.

What I would appreciate feedback on is...
  • Should I apply for a renewal of my RRV immediately? Or let it lapse and only apply for a renewal when we are finally ready and can leave for Oz within short notice?
  • If I should renew immediately, based on my situation, would I be able to get a one year extension from end of Dec? I read somewhere that you either get 3-months or 5 years. If it is the former, I'm worried that 3 months after the end of my existing RRV in Dec, is not sufficient time for us to be ready - my wife would be recovering (there could be complications *touch wood*, I'd have to give 3 months' notice to quit my job, sell our house and car, etc.
  • Would my chance be higher of a successful renewal if I lodged my application here in KL or if I flew back to Oz for 2 weeks to do it?
  • If I got rejected by the KL High Comm, is it true I can lodge an appeal in Oz? How much time should I set aside as a trip?
  • What can/should I do now to genuinely show our sincere attempts to head over to Oz as soon as our newborn is delivered and wife's recovery stabilises (est. Q3 2011)?
  • Do you think we are approaching this correctly? What would you do if you were in my shoes?

Appreciate any pearls of wisdom esp anyone who's had a similar predicament... any feedback welcomed.


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Old 06-11-2010, 12:22 AM
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Originally Posted by GoDoggies View Post
Hi there!
I'm in a spot of bother at the moment and had stumbled upon this forum where I've seen some pretty good advice shared and would appreciate something similar.

My predicament is this...

I am a PR holding an RRV (renewed once before offshore with 6 months shy of 2 years back in 2005) which is due to expire at the end of Dec this year. My wife (non-PR) and I have genuine plans to return to Oz before the end of the year. However, as fate would have it, she's pregnant with our first child - now entering the 4th month and due to be delivered on the exact week my RRV expires (talk about perfect timing!). We have more or less decided that we don't want to put her (my wife) through a stressful period of applying for her spouse-sponsored PR now e.g. the dilemma of whether to take the medical x-ray (Malaysia is a TB higher risk country) as well as the anxious wait for the results and if successful, the short period of time for us to quit our jobs, to get rid of our belongings here and to make the physical move to Oz.

What I would appreciate feedback on is...
  • Should I apply for a renewal of my RRV immediately? Or let it lapse and only apply for a renewal when we are finally ready and can leave for Oz within short notice?
  • If I should renew immediately, based on my situation, would I be able to get a one year extension from end of Dec? I read somewhere that you either get 3-months or 5 years. If it is the former, I'm worried that 3 months after the end of my existing RRV in Dec, is not sufficient time for us to be ready - my wife would be recovering (there could be complications *touch wood*, I'd have to give 3 months' notice to quit my job, sell our house and car, etc.
  • Would my chance be higher of a successful renewal if I lodged my application here in KL or if I flew back to Oz for 2 weeks to do it?
  • If I got rejected by the KL High Comm, is it true I can lodge an appeal in Oz? How much time should I set aside as a trip?
  • What can/should I do now to genuinely show our sincere attempts to head over to Oz as soon as our newborn is delivered and wife's recovery stabilises (est. Q3 2011)?
  • Do you think we are approaching this correctly? What would you do if you were in my shoes?

Appreciate any pearls of wisdom esp anyone who's had a similar predicament... any feedback welcomed.
Given that Immi officers have to follow the regulations I can imagine that one thing in the mind of a CO officer and perhaps foremost depending on what length of time you have been in Australia since 2005 is how your circumstances show commitment to wanting to live in Australia.
Did ypou on previous stay buy a house or were you just renting?

You need to question whether you are prepared to gamble with your PR.
You have fortunately [ and luckily ] got a five year RRV last time and given that cases can have their variances [ aside from not too many RRV posts on the forum ] I'd not be putting too much in store on what you read on any forum in that regard.

How long have you been outside of Australia since 2005?

If for most of that time and I was an Immi officer, my view would possibly be this guy is not being serious about living in Australia and as a convenience he might as well stay where he is.

You are talking of future plans and it seems have not bothered too much with the past nor here and now and if you attempt to make the regulations continue to be a convenience for you, you might just flush the so called genuine plans for the future down into the sewer.

And if you want stress, just keep it up what you are doing for it's bonkers.
If you have PR and are married and have a relationship for a substantial period, a spouse visa is no big deal.
You do not have PR and it is no deal.
That's the equation.

My pearl of wisdom and not advice mind you is if you are serious, then get serious and I'd reckon the best thing for you is to get your house in order and plan on being back in Australia before the RRV runs out; at best count on only being issued with a three months RRV for some time into the future.
You had better work the spouse visa application around that and it may mean you've to prepare for getting back to Australia at some time before the birth and setting yourself up in regard to employment and living etc.

All the better if you could get some extended leave for that just in case work is not so easy to come by and like it or not, the future in Malaysia may have more to offer.
You could still put the spouse visa application in and it may well be after the birth that a medical is requested and if you advise of expected birth date and not wanting a medical until after, I'd expect that can be possible.

So with a three months RRV and leave from Australian employment if you have it, you ought to be able to return for a couple of weeks for the birth.
If you think that's tough, military guys are often overseas when their wife is giving birth.
Your wife can then complete the spouse visa [ the child able to be included on it too ] and head to Australia after you.

Want to fiddle otherwise, if you have the money to spend on appeals etc., you might as well go off and see an agent and I'm sure you'll find plenty lining up to take your money and then you can stress yourself.





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