QLD Returning PR after many years

Discussion in 'Immigration Law Forum' started by Allyoz, 9 August 2018.

  1. Allyoz

    Allyoz Member

    8 August 2018
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    Dad, mum and I (at 1 yr old) arrived in Australia 1961 via the assisted immigration scheme from the UK. Dad went on to become an Australian Citizen and continues to live outside of Ballarat, where I grew up, went to Ballarat HS, married (and sadly divorced), worked etc until 21yrs. It honestly never occurred to any of my family for mum and me to pursue citizenship as we considered ourselves Australian and understood we had all the same rights under the then government.

    Like many young Aussie girls, I travelled, and, now regrettably, didn't return within my return visa time limits. I moved to Japan with my London based company, married a Japanese and had two children, 2002 & 2005. Since I'd been away for so long our understanding was the only way to travel back to Australia to visit family and friends was as a tourist. Naturally, I took that opportunity as wanted to return home occasionally, especially when mum became ill and passed. This effectively cancelled any PR visa that I had in Australia.

    As the years stretched and the immigration laws changed we visited immigration lawyers several times but, unfortunately, the only way to return to Australia for my children to have the upbringing, education and be near family was via a Student Visa. Also, as an only child, I needed to be near my parents as they aged. We lost mum and dad continues to live outside Ballarat. The last we read the Remaining Relative visa now has a 45yr waiting list. I'm 60 now so too old for the Subclass 151 Visa

    My Japanese husband and I have been separated for 5 years, however, he supports us financially.

    In a nutshell, we, our family and friends would like us to settle back in my country of upbringing, and the country I mostly connect with, with my children setting roots here. Our 3 year Student Visas and Student Guardian Visas are expiring March 2019.

    My sons are exceptionally academic whilst the eldest, now 15, is swimming at National Level. He would like to pursue his swimming and eventually swim representing Australia.

    I received a reply to my request to allow me to regain my PR status from the member in our Victoria region, where dad has been on the electorate register for 50 years, saying they can't promise anything and they would look into it. They forwarded the details to our local Brisbane member also.

    In the meantime, I should proceed with renewing our Student Visas and Student Guardian Visa.

    My questions are:
    1) what would you suggest based on our unique situation?
    2) My eldest would like to swim as an Australian. How long should I renew his visa for?
    3) The youngest, 13 in October., is in Year 7 this year. How long should I renew his visa for?
    4) Will I ever be able to settle back home?

    Thanks for your advice and tips in advance.

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