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QLD If I Refuse to Renew RRV Visa - Options to Consider?

Discussion in 'Immigration Law Forum' started by Jasetheace, 22 July 2015.

  1. Jasetheace

    Jasetheace Member

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    Dear Forum,

    I have a couple of questions, one based around the rules of the RRV (resident return visa) which leads me to a question about the 461 visa (partner of NZ citizen).

    My situation is as follows:

    I'm a NZ citizen who has lived in Australia from 1993 - 1999 & 2005 - now.

    Last August 2014 I was granted a RRV visa due to the fact I first arrived in Australia in 1993. This visa which was supposedly 5 years only has a 1 year travel facility on it which isn't really suitable for me as I travel regularly to NZ and Thailand. The 1 year travel facility expires on August 13th and I'm due to travel next in October. Now the obvious answer would be to just pay for another RRV (about $345) which would give me another year travel facility. However what happens if I don't pay it and travel in October? Would I go back onto the SCV 444 when I come back into Australia?

    What makes this question more important is the fact that my wife is Thai and still lives in Thailand, however I want her to move over here at the end of the year. I would like to bring her here on the temporary resident visa subclass 461 based on her partnership to a NZ citizen. Apparently we can only apply for this visa if I'm on the 444 visa, not while I have the RRV?

    So can I just come back into Aus on the 444 therefore making it ok for her to apply for a 461?

    The other option is for me to pay for the RRV, then go down the road of a partner visa however the fee for this visa is just under $7k at the moment. Now whilst I'm well aware of all the benefits that come with that visa, given the 461 is only about $375, this is the way I would rather go for now if it's possible. I don't need another lecture on how I should go this way as I don't have a spare $7k at the moment. We can look at this down this track after we are established and on two incomes.

    So in summary I just need to know:

    If I refuse to renew my RRV, will I automatically go back onto the SCV 444 on re-entering Australia? And if so, does this then mean my wife can apply for the 461 subclass visa? And would doing it this way jeopardise me starting the RRV process down the track?

    Any help is appreciated.

    Thanks!!
     
  2. jfabian

    jfabian Active Member

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    Hi mate my wife on the that same visa 461 and I have got my rrv too . I think you have been misled because I'm sure you can still apply for 461 visa even if you are on a rrv visa. You are a nz citizen so therefore you're still eligible to sponsor your wife .
     
  3. Clementine

    Clementine Member

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    Hey!

    I know this was a long time ago but I am in the same situation and wanted to know what your outcome was?
     
  4. Clementine

    Clementine Member

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    Hi, did you apply for the 461 while you had your RRV?
     
  5. Jasetheace

    Jasetheace Member

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    Geez, an old thread I had forgotten about ;)

    I'm still in the same situation and still unsure. I'm back on my SCV444 and my wife is here now on the 461. I'm not sure if applying for another RRV will effect her 461 or not, I have been meaning to contact immigration but they are hard to get through to.

    Let me know if you find anything out Clementine and I will do the same :)
     
  6. Clementine

    Clementine Member

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    Hey! Thanks for your reply. So you gave up the RRV and applied for the 461 once you were back on the SCV?
     
  7. Jasetheace

    Jasetheace Member

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    Hi clementine, yes that's correct
     
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