Getting A Return Resident Visa, Oz

[ripsnorter]

Hi all,

I am hoping that someone who has recently got an OZ RRV can help me.

My Thai wife's initial PR visa is due to expire in Oct. She has only stayed in OZ for 1 year over the past 5 but we can justify the absence ( I hope ) on personal grounds.She is now in Thailand.

Does the fact that she is the wife of an Australian, as opposed to a non spouse, make any difference & easier to get the RRV?

Can she get the RRV before the PR expires?

Is it easier/better if she returns to OZ & does it there?

Do the documents justifying the absence need to be "verified/endorsed " by anyone or will just a personal explanation do .?

Any tips or advice on what is needed to facilitate the process & approval would be much appreciated.

I have read the OZ govt website so know the official line.

I gather an appointment must be made at BKK OZ Embassy to apply.. is this the case & how long does it take to process roughly.?

Many thanks in advance for whatever help.

[Thai Visa Express]

We have just done one for a client & it was issued in 7 days.

[KamnanT]

I've been through this 3 times now with my Japanese wife who received her Australian PR after moving there with me in 1994. My employment took me overseas in 1997 and we haven't yet returned to reside in Australia. She is currently on her third 5-year RRV issued by the Embassy in Bangkok.

Q. Does the fact that she is the wife of an Australian, as opposed to a non spouse, make any difference & easier to get the RRV?

A. If an Australian Permanent Resident has not spent at least 2 of the last 5 years physically present in Australia, then they must demonstrate that they have "substantial, business, cultural, employment or personal ties which are of benefit to Australia and have not been absent from Australia for five years or more unless there are compelling reasons for the absence." Being the spouse of Australian national is clearly a "personal tie" but may not be sufficient on its own. Include as much documention as possible of her ongoing ties to Australia: visits, property, investments, etc. Demonstrate that her absence from Australia is not permanent, i.e. she intends to return to reside there in the future. Additionally, if the applicant has been continuously absent for more than 5 years (i.e. not even a single day in Australia in the preceding 5 years), he/she must provide evidence of "compelling reasons" for the absence. In my case, we demonstrated that it has been my employment committments that have required us to reside overseas for 15 years rather than a desire to permanently abandon residence in Australia.

Q. Can she get the RRV before the PR expires?

A. When your spouse received her permanent residency, she also received a Resident Return Visa and it is the RRV rather than the PR that "expires". If the consular officer dealing with your wife's case concludes that, based on the guidelines and the evidence provided, she has permanently abandoned her residency in Australia and has few (or no) ongoing ties, then they will not issue a further RRV, thus ending her permission to reside in Australia. You can apply before her current RRV expires but within reason, i.e. you can't apply 2 years before it expires.

Q. Is it easier/better if she returns to OZ & does it there?

A. Technically, applying in Australia would help demonstrate ongoing ties (physical presence) but in practice, if her travel history demonstrates that she has been outside Australia for more than 3 of the last 5 years, then she will still need to provide additional evidence of ongoing business, cultural, employment or personal ties.

Q. Do the documents justifying the absence need to be "verified/endorsed " by anyone or will just a personal explanation do .?

A. Applying in Bangkok (once at the Embassy itself and twice at the Australian Visa Application Centre), we provided originals and photocopies of all documents. Originals were returned once the copies were checked. In addition to employment contracts, etc., we included a cover letter summarising our circumstances.

Q. Any tips or advice on what is needed to facilitate the process & approval would be much appreciated.

A. Simply provide as much evidence as possible that your wife has ongoing ties to Australia and is likely to return there to reside at some point in the not too distant future.

Q. I gather an appointment must be made at BKK OZ Embassy to apply.. is this the case & how long does it take to process roughly.?

A. Applications should be lodged at the Australian Visa Application Centre, 34F, Thai CC Tower, 889 South Sathorn Road. You do not need an appointment to apply at the VAC but if you prefer to apply in person at the Embassy, then an appointment is required. RRV applications are normally processed within a week.

[ripsnorter]

Hi Kamnan,

Many thanks for this excellent information which is much appreciated.

Sorry for the delayed response as I have been away and offline.

All the best, John.

I've been through this 3 times now with my Japanese wife who received her Australian PR after moving there with me in 1994. My employment took me overseas in 1997 and we haven't yet returned to reside in Australia. She is currently on her third 5-year RRV issued by the Embassy in Bangkok.

Q. Does the fact that she is the wife of an Australian, as opposed to a non spouse, make any difference & easier to get the RRV?

A. If an Australian Permanent Resident has not spent at least 2 of the last 5 years physically present in Australia, then they must demonstrate that they have "substantial, business, cultural, employment or personal ties which are of benefit to Australia and have not been absent from Australia for five years or more unless there are compelling reasons for the absence." Being the spouse of Australian national is clearly a "personal tie" but may not be sufficient on its own. Include as much documention as possible of her ongoing ties to Australia: visits, property, investments, etc. Demonstrate that her absence from Australia is not permanent, i.e. she intends to return to reside there in the future. Additionally, if the applicant has been continuously absent for more than 5 years (i.e. not even a single day in Australia in the preceding 5 years), he/she must provide evidence of "compelling reasons" for the absence. In my case, we demonstrated that it has been my employment committments that have required us to reside overseas for 15 years rather than a desire to permanently abandon residence in Australia.

Q. Can she get the RRV before the PR expires?

A. When your spouse received her permanent residency, she also received a Resident Return Visa and it is the RRV rather than the PR that "expires". If the consular officer dealing with your wife's case concludes that, based on the guidelines and the evidence provided, she has permanently abandoned her residency in Australia and has few (or no) ongoing ties, then they will not issue a further RRV, thus ending her permission to reside in Australia. You can apply before her current RRV expires but within reason, i.e. you can't apply 2 years before it expires.

Q. Is it easier/better if she returns to OZ & does it there?

A. Technically, applying in Australia would help demonstrate ongoing ties (physical presence) but in practice, if her travel history demonstrates that she has been outside Australia for more than 3 of the last 5 years, then she will still need to provide additional evidence of ongoing business, cultural, employment or personal ties.

Q. Do the documents justifying the absence need to be "verified/endorsed " by anyone or will just a personal explanation do .?

A. Applying in Bangkok (once at the Embassy itself and twice at the Australian Visa Application Centre), we provided originals and photocopies of all documents. Originals were returned once the copies were checked. In addition to employment contracts, etc., we included a cover letter summarising our circumstances.

Q. Any tips or advice on what is needed to facilitate the process & approval would be much appreciated.

A. Simply provide as much evidence as possible that your wife has ongoing ties to Australia and is likely to return there to reside at some point in the not too distant future.

Q. I gather an appointment must be made at BKK OZ Embassy to apply.. is this the case & how long does it take to process roughly.?

A. Applications should be lodged at the Australian Visa Application Centre, 34F, Thai CC Tower, 889 South Sathorn Road. You do not need an appointment to apply at the VAC but if you prefer to apply in person at the Embassy, then an appointment is required. RRV applications are normally processed within a week.