Not all is lost if you lose your permanent residency.
Situations can arise for people who once held permanent residency as an infant, and left Australia as a child, only to want to return to Australia as an adult with no viable permanent visa options (sometimes due to age, employment skill set etc.)
Importance of obtaining legal advice and comprehensive work to regain permanent residency.
Initial enquiry
The client came to Harbourside Legal Services after seeing other agents, seeking options to remain in Australia with his parents and brother (who were all Australian citizens). The client was the only person in his family not residing in Australia, and wanted desperately to live with them. Previously, he had only received advice to apply for a remaining relative visa which can take up to 30 years to process. This client no longer held a permanent visa.
The Process
The client came to reside in Australia on a permanent visa, when he was just an infant. Family circumstances changed after one year of living in Australia, and the family left Australia and went back to their country of origin. Over time, the client’s family made their way back to Australia and became Australian citizens. Due to work commitments, the client stayed in his country of origin and would only visit Australia on visitor visas to see his family for holidays.
In these circumstances the client held no permanent visa, and when he did hold a permanent visa, it was for 1-2 years only. Regardless, any temporary visa held vacates a permanent visa.
Whilst the client was in Australia on a visitor visa, he wanted to remain with his family permanently. However, he did not have any skills or qualifications that were on the skilled occupation list provided by the Department, and he was also over the age of 45 years old (presenting further complications). Not wanting to apply for a remaining relative visa (which can take up to 30 years to process), a Brett Slater Solicitor assisted the applicant in presenting a strong and compelling case for a Resident Return Visa. This seems impossible right?
The Outcome
Due to the comprehensive submissions on behalf of the client, the Department granted an Australian Resident Return visa with one-year travel facility in under 3 weeks!
If you think you are in a situation, and have no solution speak with a Solicitor today! We think ‘outside the box’ and are driven to provide our clients with visa opportunities which may be available to them, subject to eligibility requirements.
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