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JaseandAnne

Visa system a joke

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So, I have two daughters (twins) who are PR but are in UK finishing their education, both are due to fly out Christmas for 5 weeks before going back to continue their last year.

At the end of July one of them stated she had had enough and wanted to come back and not continue with the next year of education so I applied for a RRV. We are now near end of October and they still haven't looked at it, they've taken the money though, $375 !! So I called them and asked about it and also the fact that I need another one for the other daughter to come out. I spoke with a very helpful lady and this is what she said. RRV are taking, on average, 5 months to process from the time that it is allocated and they are not being allocated for up to 85 days!!  She told me there is no point in applying for an RRV for daughter 2 as it has no chance of being allocated before christmas let alone granted. So, i asked my options, there weren't any other than cancel their flights!! I explained I was not going to do this as they are coming for Christmas. I explained that I would cancel RRV for daughter 1 as it has taken so long (she has decided to carry on with current education) and get two holiday visas. You cant do that she said it will affect their PR, I explained that it cannot effect their PR as you are either PR or you aren't and they are!! This she agreed but then stated that 2 holiday visas may effect future RRV's but she was unable to explain how. She then went onto say that the girls would have restrictions on a  holiday visa, ie they wouldn't be able to work, to which I explained they are coming here for Christmas not a job??? I went on to explain that if the department were unable to provide a visa in a timely fashion and I considered 5 months a bit over the top for an RRV then I had no option but to get the two holiday visas and in future if this hampered any subsequent RRV's I would be quite happy to use the departments over lengthy process times as evidence that led me to obtain holiday visas. She agreed that this course of action seem reasonable and my only option if I wanted to see my children for Christmas. She did also do a lot of telling me that she "cannot advise me" to which I stated if you are the Department of Immigration and you cannot advise me who can? She said I would need to see a migration agent but I personally don't think this is right, a government department should be able to tell you about the things it is set up to promote and govern, you shouldn't have to go to an outside agency and pay for information about what that department does and how it does it. 

So, here are my thoughts on the visa farce,  when you apply for a PR visa as part of that visa you are allowed to travel to and from Australia for a period of time. This travel part ends and then you have to apply for a RRV to travel too and from Australia. But as far as I see it as a  Permanent resident once you are in Australia you can do as your PR status allows, the RRV only allows you travel in and out you are still a PR , so whats the difference if a PR enters on a holiday visa and then just stays?? Still a PR just your right to travel in and out has ended? 

In fact this happened to my daughters in 2016, they were towards the end of the original visa so no need to apply for an RRV, they got to Heathrow and the check in staff stated they could not see the PR visa on their systems so for the princely sum of £50 each issued them a holiday visa. once they arrived i contact the Dept of immigration to find out what happened, they said they didnt know but there was no issue they just cancelled the holiday visas, no refund though, was down to me to chase it through the airline!! 

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You need to be careful about them using holiday visas as the principle is that a person can only hold one visa at any time, so, one visa cancels previous visas. It doesn't always happen with holiday visas and PR, but it can and does. 

In fairness to the department, they have had their PR for a fair while - more than five years and most countries would have cancelled their PR by now. For example, UK and USA only allow six months out of country before cancelling. 

 

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The delay in processing may be because they don't meet the residency requirements currently (but obviously have substantial ties).  

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That's a terrible situation to be in Jason.

 

I thought RRVs where just a formality. Like applying for a holiday visa. Pretty much instantly. Isn't it because of what @ali says, the residence requirements that make it take longer?

I would call immi again and speak to somwone else. Sometimes a second person has more experience or different view on things.

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Immigration is renowned for giving misinformation - they don't know the immigration laws and are basically people answering the phones.

The RRV's are really only a formality if you've not left the country for any substantial period of time.  you have to meet certain criteria and will either be granted 5 year RRV, 1 year or even 3 months.  If you've met all the residency requirement I'd be thinking of applying for citizenship

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On 25/10/2018 at 12:24, verystormy said:

You need to be careful about them using holiday visas as the principle is that a person can only hold one visa at any time, so, one visa cancels previous visas. It doesn't always happen with holiday visas and PR, but it can and does. 

In fairness to the department, they have had their PR for a fair while - more than five years and most countries would have cancelled their PR by now. For example, UK and USA only allow six months out of country before cancelling. 

 

The trouble stormy is that the department allows people to keep PR because people often go back and forth, some because for work some because they "ping pong", it works for that reason and also they can make money out of it. I understand this and don't mind them making money but they are offering a service and are unable to fulfill that service in a timely manner, what happens if i needed to get home for a crisis or a sick relative, you cant wait over 6 months??. The RRV is not cheap and they take the money straight away. I'm happy to buy two RRVs but they are taking too long to process and having checked the progress, the RRV hasnt even been allocated. Its just a bit frustrating, I tried to email from my Immi account for an update but it just give error message page not found 404, which just adds to the frustration so I emailed through the complaint/suggestion email, that was 7 weeks ago and nothing. Although ive vented my displeasure on this forum my email was polite and explained my reasons and dates.🙂

 

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On 25/10/2018 at 16:48, ali said:

The delay in processing may be because they don't meet the residency requirements currently (but obviously have substantial ties).  

The department hasnt even looked at them yet Ali, in my Immi account it states that it hasnt been allocated. And tbh I have provided lots of evidence including legal documents about parental responsibility. 

 

On 27/10/2018 at 07:07, ali said:

Immigration is renowned for giving misinformation - they don't know the immigration laws and are basically people answering the phones.

The RRV's are really only a formality if you've not left the country for any substantial period of time.  you have to meet certain criteria and will either be granted 5 year RRV, 1 year or even 3 months.  If you've met all the residency requirement I'd be thinking of applying for citizenship

Well Ali, while I understand that not everyone knows everything if you phone a government department there should be someone there that knows the sh*t they are selling, especially as the lady is telling me that some travel visas can effect another visa but cannot tell me why or how. 

Sadly not been here long enough for citizenship, got to be here 4 years but looking at other peoples posts they are waiting an extra 18 months to get their citizenship so its looking more like 6 years before you get it.  

 

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On 26/10/2018 at 09:30, FOL said:

That's a terrible situation to be in Jason.

 

I thought RRVs where just a formality. Like applying for a holiday visa. Pretty much instantly. Isn't it because of what @ali says, the residence requirements that make it take longer?

I would call immi again and speak to somwone else. Sometimes a second person has more experience or different view on things.

It is mate, i'm proper fed up about it and annoyed I cant get any response from anyone at the department. I think i'm just going to apply for the other RRV i need for daughter two and just then get them holiday visas and argue the toss if they give me a hard time about it. They surely cant think that over 5 months to process an RRV is acceptable.

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