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Help - old 136 visa, is it still valid


pockygoes

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A question for you all please. We were granted a skilled visa 136 back in 2004. We validated the visa and then moved over.  Unfortunately due to personal circumstances we only stayed a few weeks and returned to uk. Life has moved on and now both our sons are in australia and we want to join them as we are looking to retire early.  My question is , will that visa still be valid as it states "permitted to remain in australia indefinitely ". Thank you in advance.

Any idea how we check and who we contact to find out officially. Looked at gov immigration website and totally confused.

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Unfortunately no. The remain permanently is correct IF you are in Australia. After 5 years you lose the right to enter freely and require either a RRV resident return visa or citizenship. 
The simplest would be an RRV but after so long it would be a stretch. You do have close ties with your sons but you would also need to prove why you had to remain in UK for so long ( compelling)

 

it might be worth running by an agent. 
I assume you are over 45 so no skilled visa would work. Parent visas are available but they are expensive and take 12 to 15 years!

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The specific answer to "how we check" is easy - pop onto VEVO, plug in your details and see what it says, link here

I agree that an RRV would be the 'silver bullet' solution but is a bit of a stretch.  It's not the most expensive visa though so no harm in having a proper chat with an agent and seeing what kind of a case could be made.  There are a number who post here and all could help.

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As mentioned, the 136 disappeared ages ago, but the fact that you once held it opens up the possibility of an RRV application. I agree that, based on what you say, it seems a stretch, but it’s definitely worth having a consult to see whether you could develop  a narrative that worked. 

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I'd agree with comments form Paul, Andrew et al. I have seen a number of RRV's granted where, if I were a betting man, would have thought a refusal was almost certain.

The bottom line is that if you want to the the RRV, you would be well advised to engage with an an RMA to obtain a professional opinion. If the consensus is you may have a chance, then it is up to the RMA to compile a submission to support your application. Submissions are essentially a covering letter to the "delegate" (decision maker) how you satisfy the criteria for granting the RRV. It is essentially a persuasive argument (think school debating competition) which tells your story and hopefully convinces the delegate they should grant you the visa. Submission writing is a big part of where RMA's add value. It maybe the case that your chances of success are no better than backing a rank outsider at the Melbourne cup. You just have to decide if you want to take the punt given the impact on your life of winning the prize on offer!

Good luck !!!!

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Thank you all for your replies. It seems like the RRV is worth a punt initially. We will engage an agent to build a case and the narrative around our case. Next question is - does anyone have any recommendations on agents that specialise in this visa whether here in uk or in australia. Thanks in advance 

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