Can we return as PR?

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Can we return as PR?

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Old 01-26-2011, 08:42 PM
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Can we return as PR?

Hi, I’m very glad to have found this site, and hope that I can get some advice. I have looked around the various forums and have not found a situation like mine.

My husband and I migrated to Australia in 1985 as skilled migrants (cabinetmaker). We lived in Australia for about 3.5 years, 3 of them in Tasmania. I worked at the Archives Office of Tasmania, and also at the Social Security Department, while my husband built our home in Woodbridge.

While in Tasmania, my mother-in-law passed away, leaving my husband’s 82-year-old father alone. We brought him over for an extended visit, but he eventually had to return to the US. To make a long story short, we decided we needed to go back to care for him, so we sold our Woodbridge home and moved back to the U.S. in 1988. Just before leaving Australia, we applied for and received our 5 year Resident Return Visas.

When the five years were up in 1993, we were still caring for my father-in-law (he died in 1996), we had just started our construction company, and we were in the middle of our first large project. We decided that we could not return to Australia at that time.

There have been many times over the following years that we have regretted our inability to return to Australia. We assumed that since we had stayed away longer than 5 years that we could not return. We have recently consolidated our investments, are thinking of starting up a new small business, and our 2 boys are now old enough to move and thrive on a new adventure. We would really love to return to Australia and start our new business there.

My husband and I have been reading the Australian Government Department of Immigration and Citizenship website trying to see if we can re-migrate to Australia. While looking at the RRV section I noticed this:

“What are the eligibility criteria for an RRV?
• you have a valid permanent visa; or
• you have held a permanent visa in the past and your last permanent visa was not canceled;…
For a 5 year RRV you must also meet one of the following requirements:
• you have substantial and beneficial ties with Australia and compelling reasons for absences in excess of 5 years (provide supporting evidence);…”
(I would post a link here, but am not allowed, since I am new. It is from: Return documents for Australian citizens
and permanent residents pdf form 968i)

As far as we know, our permanent resident visa has never been canceled, but our RRV is expired. Is it possible that we can make a case to re-enter Australia and resume our PR status? We realize that if we can not renew our original PR status, we may be able to apply under one of the business/investor migrant options. These plans appear much more time consuming and difficult, so we would appreciate any advice you can give about using our original PR visa.

Thanks in advance.

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Old 01-27-2011, 12:32 AM
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To be honest, I do not really know about how you would go with applying for another RRV for whilst on you do have the reference to not having had a permanent visa in the past cancelled , they do expire and that is why you either get an RRV or are here long enough for citizenship.

If I was to take a punt, I'd say you would be punted just on the time basis alone and then there's
If your last departure from Australia was as a permanent resident or Australian citizen:
•you must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia; and
•if you have been absent for more than five continuous years since your last departure from Australia as an Australian permanent resident or Australian citizen, you must provide evidence of compelling reasons for your absence over five years.
you'll find on Five Year Resident Return Visa (Subclass 155) and I'd suggest you'll struggle to convince anyone on either of those situations.

But look, strange things do happen at times and if you can word your story about how you did depart for compassionate reasons and that your return to Australia would be to develop a business based on your building skills and that could definitely be of benefit to Australia in light of recent massive floods and general shortages of skilled people, it'll only cost you $260 to either get a flat rejection or surprise, suprise, you've got a visa.
The age of the boys could decide whether they are dependants or not and can be included, and to do that and even for yourselves to get an RRV, there'll be medicals and police checks to be renewed I'd expect.

Somehow, however, I'd think the Business path may have to be looked at and I gather your husband would now be in the 45-55 age range and therefore it would need to be the sponsored version and yes, it comes down to existing business T/O and assets etc. and then you may find that the ammount needed may vary depending on the state sponsoring.

Another bit of a twist to that approach would be to see if there are any existing business owners getting closer to a retirement age but in a position to consider sponsoring you on an ENS [ age exceptions for those too ] with a view to you buying the business, also a complex situation in as much as findinding the right business and would be retiree/sponsor.

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Old 01-27-2011, 01:42 AM
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That is sort of what we thought. How can we find out if our visa is canceled? We work work on a compelling letter for starters, and go from there.

Thanks for your help.

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Old 01-27-2011, 06:45 AM
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Well, as I say, the visa expiring will still mean it no longer exists even if not cancelled.
Just on a second thought, it is likely your initial PR visa would have been cancelled to issue the RRV prior to expiry of the PR visa when you were leaving after three years for you cannot hold two visas simultaneously.
It would be the RRV and that being the one you left on that would have expired after five years.

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Old 01-28-2011, 03:41 AM
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That explains why we couldn't find the original visa. We will still try for the renewal with a compelling letter. I have my doubts, but as you say, it's worth a try.

Thanks again for your help.

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5-year, return pr, rrv

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