Seane Posted April 3, 2019 Share Posted April 3, 2019 Hi all, I'm looking for info pls, I'll keep it brief.. We lived as a family in oz ( qld) for 10yrs Returned to UK for the last 4 yrs Oldest son turned 18 in that time. I hold, and have my residency return Visa granted. Can my son return to live with me on his UK passport? Many thanks for any info on this. :) Quote Link to comment Share on other sites More sharing options...
JetBlast Posted April 3, 2019 Share Posted April 3, 2019 What visa does your son have? Does he have a PR visa with travel rights? Quote Link to comment Share on other sites More sharing options...
Seane Posted April 3, 2019 Author Share Posted April 3, 2019 I have the permanent resident Visa in my name. And we all went as a family ( wife 2 kids) the first time for 9 yrs. But we've been in UK now for the last 3 1/2 yrs and my oldest has turned 18 in that time, hence the question, does he need some kind of Visa to come with me now. ? Thankyou by the way Quote Link to comment Share on other sites More sharing options...
Seane Posted April 3, 2019 Author Share Posted April 3, 2019 Should I add, my Visa is a 155. Quote Link to comment Share on other sites More sharing options...
JetBlast Posted April 3, 2019 Share Posted April 3, 2019 You and your family will all have the same visa from when you applied. So if you all applied for a PR together you will all have one. A 155 is a resident return visa? Does your son have a valid resident return visa? If not he will need to look at applying for one - https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/resident-return-visa-155-157#Eligibility I assume you're not Citizens? Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted April 3, 2019 Share Posted April 3, 2019 He needs to request a RRV the same as you have Quote Link to comment Share on other sites More sharing options...
Marisawright Posted April 3, 2019 Share Posted April 3, 2019 (edited) 5 hours ago, Seane said: Should I add, my Visa is a 155. No, that's the reference number for a RRV. Your original PR visa is still valid, the RRV is just a travel facility. When you applied to migrate, you were the principal applicant, BUT once you got the grant, each individual member of your family got their own, independent visa. Your wife could divorce you and she would still keep her visa, for instance. So your son is in the same position - he has his own PR visa, it's just that he didn't get a RRV. Because each one of you now has an independent permanent visa, each one of you needs to apply for your own separate RRV, including your wife and other child. Edited April 3, 2019 by Marisawright Quote Link to comment Share on other sites More sharing options...
rammygirl Posted April 3, 2019 Share Posted April 3, 2019 (edited) As above everyone will need to apply for and get their own RRV. When did you apply for yours and how long was it granted for? As you have been in the UK for 3 and a half years they have not spent 2 out of the last 5 in Australia so will only get a one year RRV, and they will have to prove close ties to Australia. Edited April 3, 2019 by rammygirl Quote Link to comment Share on other sites More sharing options...
paulhand Posted April 4, 2019 Share Posted April 4, 2019 22 hours ago, Marisawright said: No, that's the reference number for a RRV. Your original PR visa is still valid, the RRV is just a travel facility. When you applied to migrate, you were the principal applicant, BUT once you got the grant, each individual member of your family got their own, independent visa. Your wife could divorce you and she would still keep her visa, for instance. So your son is in the same position - he has his own PR visa, it's just that he didn't get a RRV. Because each one of you now has an independent permanent visa, each one of you needs to apply for your own separate RRV, including your wife and other child. An RRV is a visa, hence the name Resident Return Visa. It is a new permanent visa that replaces an original permanent visa, and allows a permanent resident to travel offshore, whilst retaining their permanent resident status, after the travel period on the original permanent visa expires. The OP’s original permanent visa is not still valid, it has been replaced by the Resident Return Visa. As advised above, each family member needs their own RRV. The OP’s son’s eligibility will depend on circumstances. 2 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted April 4, 2019 Share Posted April 4, 2019 8 minutes ago, paulhand said: An RRV is a visa, hence the name Resident Return Visa. It is a new permanent visa that replaces an original permanent visa, and allows a permanent resident to travel offshore, whilst retaining their permanent resident status, after the travel period on the original permanent visa expires. The OP’s original permanent visa is not still valid, it has been replaced by the Resident Return Visa. As advised above, each family member needs their own RRV. The OP’s son’s eligibility will depend on circumstances. The PR/RRV situation is certainly an unclear one. A friend of mine left Australia after reading one of your previous posts. He held a 175, had a RRV that expired and he believed from what he saw on here that he no longer had the right to live in oz. His 175 had been replaced by the RRV, and that had expired after 5 years. He left oz in a panic, thinking he no longer had a lawful PR after reading a post saying the 155 replaced the actual PR, flew back to the UK and now cannot return as he is too old to get a 189. Quote Link to comment Share on other sites More sharing options...
JetBlast Posted April 4, 2019 Share Posted April 4, 2019 28 minutes ago, Nemesis said: The PR/RRV situation is certainly an unclear one. A friend of mine left Australia after reading one of your previous posts. He held a 175, had a RRV that expired and he believed from what he saw on here that he no longer had the right to live in oz. His 175 had been replaced by the RRV, and that had expired after 5 years. He left oz in a panic, thinking he no longer had a lawful PR after reading a post saying the 155 replaced the actual PR, flew back to the UK and now cannot return as he is too old to get a 189. I don't know how they came to that conclusion. Anyway he could probably get another RRV visa and not need to start a fresh with a 189? Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted April 4, 2019 Share Posted April 4, 2019 44 minutes ago, Nemesis said: The PR/RRV situation is certainly an unclear one. A friend of mine left Australia after reading one of your previous posts. He held a 175, had a RRV that expired and he believed from what he saw on here that he no longer had the right to live in oz. His 175 had been replaced by the RRV, and that had expired after 5 years. He left oz in a panic, thinking he no longer had a lawful PR after reading a post saying the 155 replaced the actual PR, flew back to the UK and now cannot return as he is too old to get a 189. He must have misunderstood what he was reading as the RRV is pretty clear that it allows the holder to remain indefinitely but only 5 years of entry rights. The RRV doesn't expire, just the travel rights. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted April 4, 2019 Share Posted April 4, 2019 51 minutes ago, JetBlast said: I don't know how they came to that conclusion. Anyway he could probably get another RRV visa and not need to start a fresh with a 189? I've seen people think the same thing before. And frankly, if you based your understanding on Paul Hand's explanation, you'd think that was the case - because he's saying your old 189 is cancelled and you're entirely reliant on getting new 155's every five years for the rest of your life. I defer to Paul's superior knowledge and I'm sure his explanation is technically correct, but the practical effect is not what he describes. Quote Link to comment Share on other sites More sharing options...
paulhand Posted April 4, 2019 Share Posted April 4, 2019 2 minutes ago, Marisawright said: I've seen people think the same thing before. And frankly, if you based your understanding on Paul Hand's explanation, you'd think that was the case - because he's saying your old 189 is cancelled and you're entirely reliant on getting new 155's every five years for the rest of your life. I defer to Paul's superior knowledge and I'm sure his explanation is technically correct, but the practical effect is not what he describes. The old 189 was not cancelled, it was replaced by the 155 when the 155 was granted. The 155 is a permanent visa, which allows you to remain in Australia permanently, as I mentioned above. And yes, if someone chooses not to get citizenship, and wants to continue to both maintain their PR and travel to and from Australia, they do need to keep getting new 155s every 5 years. If they want to stay and not travel, it is pretty clear from the 155 grant letter that, as @MaggieMay24 says, the holder can remain indefinitely. 1 hour ago, JetBlast said: I don't know how they came to that conclusion. Anyway he could probably get another RRV visa and not need to start a fresh with a 189? Based on what was written, that sounds correct. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted April 5, 2019 Share Posted April 5, 2019 (edited) 6 hours ago, Marisawright said: I've seen people think the same thing before. And frankly, if you based your understanding on Paul Hand's explanation, you'd think that was the case - because he's saying your old 189 is cancelled and you're entirely reliant on getting new 155's every five years for the rest of your life. I defer to Paul's superior knowledge and I'm sure his explanation is technically correct, but the practical effect is not what he describes. Exactly. My friend read a previous post by Paul which effectively said he was no longer on the 175 (PR) as he had got a RRV, My friend had been filling in forms for government courses and assistance stating he was on a 175 and had permanent residence. Suddenly he was being told by an agent that he was actually on a totally different visa. And that visa was more than 5 years old, so had expired. As he believed that he had been therefore lying to the government about his status, and also had no idea what his rights etc were as the holder of a visa which had just expired, he packed up and left, told me later it was easier than worrying and wondering if he would be deported. Edited April 5, 2019 by Nemesis Quote Link to comment Share on other sites More sharing options...
paulhand Posted April 5, 2019 Share Posted April 5, 2019 26 minutes ago, Nemesis said: Exactly. My friend read a previous post by Paul which effectively said he was no longer on the 175 (PR) as he had got a RRV, My friend had been filling in forms for government courses and assistance stating he was on a 175 and had permanent residence. Suddenly he was being told by an agent that he was actually on a totally different visa. And that visa was more than 5 years old, so had expired. As he believed that he had been therefore lying to the government about his status, and also had no idea what his rights etc were as the holder of a visa which had just expired, he packed up and left, told me later it was easier than worrying and wondering if he would be deported. He was on a different visa, but he still had permanent residence. He would have been able to see both these facts on VEVO had he checked. I don't believe I have ever suggested otherwise. Please point me to the post that you think is misleading. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted April 5, 2019 Share Posted April 5, 2019 2 hours ago, paulhand said: He was on a different visa, but he still had permanent residence. He would have been able to see both these facts on VEVO had he checked. I don't believe I have ever suggested otherwise. Please point me to the post that you think is misleading. It was a thread a couple of years back, you had said something similar to here, that once the 155 was granted it replaced the original PR. My friend had then let the 155 lapse as he didn't travel, and so understood that as he had not renewed it after its 5 year life, it was no longer valid -and his original PR visa apparently no longer existed since it had been replaced by the 155, so he had no visa number to use when asked. He was also worried because he had been quoting the original visa number, only to read on here that it was no longer valid. As he was dealing witn centrelink etc he was extremely concerned at being told he was claiming to hold a visa that had been cancelled' and so he left the country believing both the 175 and 155 no longer existed He is now back home, a lot poorer but enjoying a sfress and visa free life Marisa has agreed with me that the advice is not very clear. However this is off track from the OPs question........ 1 Quote Link to comment Share on other sites More sharing options...
paulhand Posted April 5, 2019 Share Posted April 5, 2019 3 hours ago, Nemesis said: It was a thread a couple of years back, you had said something similar to here, that once the 155 was granted it replaced the original PR. My friend had then let the 155 lapse as he didn't travel, and so understood that as he had not renewed it after its 5 year life, it was no longer valid -and his original PR visa apparently no longer existed since it had been replaced by the 155, so he had no visa number to use when asked. He was also worried because he had been quoting the original visa number, only to read on here that it was no longer valid. As he was dealing witn centrelink etc he was extremely concerned at being told he was claiming to hold a visa that had been cancelled' and so he left the country believing both the 175 and 155 no longer existed He is now back home, a lot poorer but enjoying a sfress and visa free life Marisa has agreed with me that the advice is not very clear. However this is off track from the OPs question........ I have only been posting on this forum since April last year. 3 Quote Link to comment Share on other sites More sharing options...
Amber Snowball Posted April 5, 2019 Share Posted April 5, 2019 4 hours ago, paulhand said: I have only been posting on this forum since April last year. There is another poster with a very similar name, when I searched for you for another thread. Maybe it was them? Quote Link to comment Share on other sites More sharing options...
ali Posted April 6, 2019 Share Posted April 6, 2019 11 hours ago, Amber Snowball said: There is another poster with a very similar name, when I searched for you for another thread. Maybe it was them? We ask any agents to post their MARA details - was the person who gave the advice a registered agent? Shame that Paul is being held accountable when he wasn't even a member 2 Quote Link to comment Share on other sites More sharing options...
Amber Snowball Posted April 6, 2019 Share Posted April 6, 2019 2 hours ago, ali said: We ask any agents to post their MARA details - was the person who gave the advice a registered agent? Shame that Paul is being held accountable when he wasn't even a member I don’t think the other paul hand was an agent. Their user was Paul Hand, with a space in the name. I almost tagged them by mistake, it’s only that I recognised agent Paul’s avatar and chose the correct person. Just a thought that it could have caused the confusion here. Maybe? Quote Link to comment Share on other sites More sharing options...
wrussell Posted April 8, 2019 Share Posted April 8, 2019 Quote He left oz in a panic, thinking he no longer had a lawful PR after reading a post saying the 155 replaced the actual PR, flew back to the UK and now cannot return as he is too old to get a 189. Panic is always undignified and is usually unnecessary. I find it perplexing that people do not read their visa grant letters, or having done so and not fully understood the conditioins, do not seek pofessional advice. 2 Quote Link to comment Share on other sites More sharing options...
wrussell Posted April 8, 2019 Share Posted April 8, 2019 In my experience , the only way to confirm that a client understands the gobbledygook is to ascertain what they can do with it. for example If a family meber fell ill in 6 years time and you left Australia on your current visa, what would your situation be if you wanted to return? Quote Link to comment Share on other sites More sharing options...
Seane Posted April 23, 2019 Author Share Posted April 23, 2019 Many thanks for your reply's everyone! Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted April 23, 2019 Share Posted April 23, 2019 On 05/04/2019 at 19:16, Nemesis said: It was a thread a couple of years back, you had said something similar to here, that once the 155 was granted it replaced the original PR. My friend had then let the 155 lapse as he didn't travel, and so understood that as he had not renewed it after its 5 year life, it was no longer valid -and his original PR visa apparently no longer existed since it had been replaced by the 155, so he had no visa number to use when asked. He was also worried because he had been quoting the original visa number, only to read on here that it was no longer valid. As he was dealing witn centrelink etc he was extremely concerned at being told he was claiming to hold a visa that had been cancelled' and so he left the country believing both the 175 and 155 no longer existed He is now back home, a lot poorer but enjoying a sfress and visa free life It seems quite drastic to pack up and leave a country based on anonymous advice on a public forum. Quote Link to comment Share on other sites More sharing options...
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