My Thai stepson wants to return to Australia

[xerostar]

As part of the immigration process my stepson was granted an Australian Visa "Class BC Resident S subclass 100 conditions Mig.Regs .Sched.8 

Holder permitted to remain in Australia indefinitely" Granted on 6th November 2008. He was 9 years old at the time.
He attended a special school in Perth to learn English and later attended 2 different primary schools near our home.

My wife decided to return to Thailand on 29th April 2012 when the boy was 13 years old. As a result he was unable to complete his final year of primary school here in Australia.
He began attending a Thai high school and was often called upon to help in senior level English because he could speak English better than any of the teachers.
However after a few months they realized his Thai abilities in reading and writing were poor and told him he could no longer continue at that high school. 
He was told to attend a special school one day a week to improve his Thai skills.

This has been going on for nearly 4 years and he still has not been accepted into high school or any other formal training.  Understandably he feels very frustrated. 
He asked me if he could legally go back to Australia and learn a trade. 
I agreed his future would be far better in Australia so I promised to find out if he would be eligible to return.

His Thai passport expired as of 17th June 2015. He is now 17 as of 3rd September this year.

[Gopro]

off the top of my head thinking out loud for you.  He was attached to your wifes visa as dependant? Her and his visa has a 5yr old validity? he may just need a Resident return visa but it may be hard work as he has no ties to OZ.

https://www.border.gov.au/Trav/Visa-1/155-

[kiwiaussie]

On 31/10/2016 at 1:32 PM, Gopro said:

off the top of my head thinking out loud for you.  He was attached to your wifes visa as dependant? Her and his visa has a 5yr old validity? he may just need a Resident return visa but it may be hard work as he has no ties to OZ.

https://www.border.gov.au/Trav/Visa-1/155-

My thoughts exactly, subclass 100 appears to be a permanent visa.

 

Even though he has left (as your wife) it should be enough for him to get a return residence visa (RRV) based on thefact that he has family links to Australia. My wife certainly got one after her PR was expired for a number of years due to living outside of Australia, but could prove family links in the form of husband and child.

 

You and your wife might 'offically' have to join him for the move (ie she gets an RRV as well for the same reason), but then it gets him in, importantly, before he turns 18 after which the issue of dependency becomes debatable. The actual RRV will only be valid for 3 months to 12 months depending on the circumstance, but that is only the visa to enter. Once entered, permision to stay is permanent (though another RRV will be required for future travel to re-enter Australia as a PR). 

 

He'll then need to be there 5 years to get citizenship.

 

RRV's are A$360.

Good luck.