# Remaining Relative Subclass 115 EXPIRED



## fgfgerard (Nov 14, 2010)

I'm currently living and working in the UK and I was granted *OTHER FAMILY (Class BO) REMAINING RELATIVE (Subclass 115)* visa back in 2013 and it's now apparently expired  
I did go to Australia at the beginning of 2014 for a short visit but have not been since. I now want to move out there or was planning to in the next 18 months *BUT* I read a few weeks ago (that's if I've read it correctly) on the Australian Gov website that these visas are only valid for 5 years which I was not aware of, I'd always thought the residency I'd been given was permanent 
Also that from here on in I will need to apply for a yearly residency visa even if I'm living in Australia working until I'm ready to apply for citizenship.

So really I just wanted to check if I've got my facts muddled up and does this visa type which very few people get actually expire.


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## fgfgerard (Nov 14, 2010)

Okay I've just read one of my previous posts on here from 2014 and indeed it seems to be so ..



> If you travel AFTER the 5 years BEFORE getting the RRV you cannot return.
> 
> Getting the RRV is OK as long as you lived two years
> 
> RRV = Resident Return Visa


Where does this leave me now? Do I have to completely start all over again?


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## NB (Mar 29, 2017)

fgfgerard said:


> I'm currently living and working in the UK and I was granted *OTHER FAMILY (Class BO) REMAINING RELATIVE (Subclass 115)* visa back in 2013 and it's now apparently expired
> I did go to Australia at the beginning of 2014 for a short visit but have not been since. I now want to move out there or was planning to in the next 18 months *BUT* I read a few weeks ago (that's if I've read it correctly) on the Australian Gov website that these visas are only valid for 5 years which I was not aware of, I'd always thought the residency I'd been given was permanent
> Also that from here on in I will need to apply for a yearly residency visa even if I'm living in Australia working until I'm ready to apply for citizenship.
> 
> So really I just wanted to check if I've got my facts muddled up and does this visa type which very few people get actually expire.


First check what VEVO shows

Cheers


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## fgfgerard (Nov 14, 2010)

Thank you, I have just checked on VEVO and it's confirmed I don't have a valid visa. It also says...



> In most cases, you can resolve your visa matter quickly and easily through the My visa is about to expire or has expired webpage.


On the *My visa is about to expire or has expired webpage* it says...



> If you are outside Australia when the travel component of your permanent visa expires, do not return to Australia on any other kind of visa. If you do:
> you will lose your permanent resident status
> your eligibility for citizenship might be affected


So I'm a little  because right now I'm thinking I've lost the visa completely and I need to start all over again and expect to wait another 2/3 years if I'm lucky. Or there is a glimmer of hope and it's only the travel component that's expired (or this is only relevant to someone who has been living there) which I haven't.

Do I have to start all over again?


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## NB (Mar 29, 2017)

Will you not be eligible to apply again for 115 visa ?

Cheers


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## fgfgerard (Nov 14, 2010)

I have looked at the eligibility criteria and I am still eligible but I'm wondering if there is an easier route than having to apply all over again.


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## NB (Mar 29, 2017)

fgfgerard said:


> I have looked at the eligibility criteria and I am still eligible but I'm wondering if there is an easier route than having to apply all over again.


You can contact some Mara agent to see if there is any loophole you can exploit 
But most likely it will be a costly and drawn out affair

If I were in your shoes I would start the process again and end the uncertainty , but of course this time only if I was dead serious on moving to Australia permanently 

Cheers


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## fgfgerard (Nov 14, 2010)

I think you may be right. I'm :embarassed: when I think how easily I let this slip thru my fingers and I read about your application nightmare to get to Oz. 

Best of Luck :fingerscrossed:


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## fgfgerard (Nov 14, 2010)

Okay quick update just been in touch with the Australian Global Service Centre and they clarified that indeed the travel component of my Permanent Residency Visa had indeed expired but not the residency.
So all I really should now need to do is apply for a Return Residency Visa!!! Happy Days


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## NB (Mar 29, 2017)

fgfgerard said:


> Okay quick update just been in touch with the Australian Global Service Centre and they clarified that indeed the travel component of my Permanent Residency Visa had indeed expired but not the residency.
> So all I really should now need to do is apply for a Return Residency Visa!!! Happy Days


Not so fast

So you really think that they will give you a RRV for another 5 years ?
They may give you a RRV for 3 months so that you can move and settle in Australia 

Recheck with the agency again saying no that you have no plans to move for another 2/3 years and see what they say

Cheers


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## fgfgerard (Nov 14, 2010)

It wasn't an agency I contacted it was the Australian Dept of Home Affairs.

Permanent Residency is what it is, permanent. Which is what threw me when this 5 year limit came up but now I realise after speaking to them this was for the travel component only. 

When I spoke to the agent and told him that VEVO had reported I hadn't a valid visa, he explained that if the travel component has expired it will report this, this is normal (if not very helpful). I also said I planned to go at the beginning of 2020 so he advised applying very soon. Don't worry if this goes through I won't be delaying I've learn't my lesson.

But if you still think I've been given bad advice I will contact them again but will also open up another thread to get other people's input.


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## NB (Mar 29, 2017)

fgfgerard said:


> It wasn't an agency I contacted it was the Australian Dept of Home Affairs.
> 
> Permanent Residency is what it is, permanent. Which is what threw me when this 5 year limit came up but now I realise this was for the travel component only.
> 
> ...


It’s not bad advice.
You probably did not tell him that you have no plans to move for another 2/3 years as you have indicated in your post 

Call him up again and ask if the advice still holds good if you don’t intend to settle for another 2/3 years from now

Cheers


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## fgfgerard (Nov 14, 2010)

Sorry I've just edited my post. I won't be leaving it for another 2/3 years. 12 to 15 months at the most.


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## NB (Mar 29, 2017)

fgfgerard said:


> Sorry I've just edited my post. I won't be leaving it for another 2/3 years. 12 to 15 months at the most.


Even a year would be difficult 
But beware the advice given by the department holds no real value as it is given by very low level employees who half the time are not aware of the intricacies of the visas 

You will have to take paid advice from a Mara agent if you want to pursue this path

There are several good agents based in Australia with whom you can consult on skype to start the ball rolling
( I don’t know any)

Cheers


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## fgfgerard (Nov 14, 2010)

I see where you got the 2/3 years bit, that was my waiting time estimation if I had to start all over again.

I'm a little worried you advise this


> You will have to take paid advice from a Mara agent if you want to pursue this path


Have you had experience or knowledge of the RRV process/application from reading your experience you've not. The RRV application process for me is only £200 and takes about 2/3 months. If it fails it fails what have I lost?


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## NB (Mar 29, 2017)

fgfgerard said:


> I see where you got the 2/3 years bit, that was my waiting time estimation if I had to start all over again.
> 
> I'm a little worried you advise this
> 
> Have you had experience or knowledge of the RRV process/application from reading your experience you've not. The RRV application process for me is only £200 and takes about 2/3 months. If it fails it fails what have I lost?


If you read my signature it clearly says that I am not a Mara agent
I only share my experience of the journey 

As I will be probably applying for RRV in the near future, I have tried to study it, which I have shared with you

I am not in any way forcing you to go to a particular path

If you don’t appreciate my answers, I will not answer them at all

Cheers


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## fgfgerard (Nov 14, 2010)

> But beware the advice given by the department holds no real value as it is given by very low level employees who half the time are not aware of the intricacies of the visas


That sounds rather damning. Have you spoken to agents at the department of immigration and have you received bad advice?



> You will have to take paid advice from a Mara agent if you want to pursue this path


Sorry but your tone here sounds like an order, it isn't I know but it sounds like it! And as I pointed out there is another route I can take on my own which you've dismissed.



> There are several good agents based in Australia with whom you can consult on skype to start the ball rolling
> ( I don’t know any)


And how much is this good advice going to cost me. And it might turn out to be exactly the same as the immigration agent gave me.

Are you saying you give better advice? Don't get me wrong I do appreciate your input but how do you expect me to react when you rain on my parade. Yes of course I'm cautious and you might turn out to be right. I just don't like the way you've dismissed the official advice and told me to find a MARA agent!! CAn you understand that?


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## Anyad (Dec 10, 2018)

fgfgerard said:


> And how much is this good advice going to cost me. And it might turn out to be exactly the same as the immigration agent gave me.


I've got a fabulous agent and I would think (depending on how readily she already knows this stuff and how much she needs to research it) I'd say about 200 AUD to get proper advice that will 99% work for you. 

I've got some acquaintances who run a blog/facebook page of migrating to Australia they went through the entire process totally alone with the exception of one consultation (it was random they used the same agent... I didn't know about this till about a week ago, they just got their Australian citizenship, so it's been a while for them) with this agent, and they said it was the money best spent during their entire process.

Some people do it themselves, and more power to them! I could not have suffered through this process without my agents support and help.


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## fgfgerard (Nov 14, 2010)

Anyad said:


> I've got a fabulous agent and I would think (depending on how readily she already knows this stuff and how much she needs to research it) I'd say about 200 AUD to get proper advice that will 99% work for you.
> 
> I've got some acquaintances who run a blog/facebook page of migrating to Australia they went through the entire process totally alone with the exception of one consultation (it was random they used the same agent... I didn't know about this till about a week ago, they just got their Australian citizenship, so it's been a while for them) with this agent, and they said it was the money best spent during their entire process.
> 
> Some people do it themselves, and more power to them! I could not have suffered through this process without my agents support and help.


Since I still have residency but only need the travel component I'm not too bothered. I've nothing to lose except a few hundred quid by sticking to the official advice and my application is fairly straightforward as they go so I (maybe naievely) will go ahead with the RRV myself.


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## Anyad (Dec 10, 2018)

fgfgerard said:


> Since I still have residency but only need the travel component I'm not too bothered. I've nothing to lose except a few hundred quid by sticking to the official advice and my application is fairly straightforward as they go so I (maybe naievely) will go ahead with the RRV myself.


Go for it. More power to you! I hope it works out.


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## fgfgerard (Nov 14, 2010)

Well thanks to NB for the VEVO link this has brought me further along the path. Though I felt I was being pressured into taking a route I still don't believe I need to but time will tell. 

If I come to a dead end and I feel I need to get independent immigration advice then I will. Though I should note I didn't even do when I made the initial visa application and was successful.


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## Anyad (Dec 10, 2018)

fgfgerard said:


> Well thanks to NB for the VEVO link this has brought me further along the path. Though I felt I was being pressured into taking a route I still don't believe I need to but time will tell.
> 
> If I come to a dead end and I feel I need to get independent immigration advice then I will. Though I should note I didn't even do when I made the initial visa application and was successful.


I think the large majority of us are here to try and give advice that will most likely lead people enquiring to the desired outcome. Some people go at it alone and some request help of professionals. In the end everyone must take a rout they are comfortable with. 

If you get a rejection you can always apply again. Loosing a few hundred quid isn't that big of a deal when it comes to a PR, so it might be worth risking to see if you can do it alone.

If you are confident then good, I really hope it works out for you.


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## fgfgerard (Nov 14, 2010)

Anyad said:


> I think the large majority of us are here to try and give advice that will most likely lead people enquiring to the desired outcome. Some people go at it alone and some request help of professionals. In the end everyone must take a rout they are comfortable with.
> 
> If you get a rejection you can always apply again. Loosing a few hundred quid isn't that big of a deal when it comes to a PR, so it might be worth risking to see if you can do it alone.
> 
> If you are confident then good, I really hope it works out for you.


Well I was initially given Permanent Residency (travel element now expired) which was based on me being a last remaining relative(115). My circumstances haven't changed on this.

I don't qualify for the 157 RRV as I don't have compelling and compassionate reasons for my absence, and anyway 157 RRV is only valid for three months.

The 155 RRV seems to be my best bet as I can thankfully satisfy one of the following requirements:

have lived in Australia for 2 years (730 days) in the last 5 years or
be able to demonstrate substantial ties to Australia that are of benefit to Australia
My hope is pinned on the second condition as all my immediate family live in Australia and they have citizenship, this condition is further clarified as...


> substantial personal ties may be that you regard Australia as home or have an intention to reside in Australia.


What can possibly go wrong


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## Anyad (Dec 10, 2018)

Godspeed


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