Subclass 155 RRV - Immigration Solutions Lawyers Sydney Best Immigration Lawyers in Sydney Tue, 02 May 2023 15:10:37 +0000 en-US hourly 1 https://immigrationsolutionslawyers.com.au/wp-content/uploads/2022/06/cropped-favicon-32x32.png Subclass 155 RRV - Immigration Solutions Lawyers Sydney 32 32 Skilled Independent (Subclass 189) Visa (New Zealand) with Previous Refusal https://immigrationsolutionslawyers.com.au/case/skilled-independent-subclass-189-visa-new-zealand-with-previous-refusal/ Tue, 02 May 2023 14:28:57 +0000 https://immigrationsolutionslawyers.com.au/?post_type=liquid-portfolio&p=13519 Skilled Independent (Subclass 189) Visa (New Zealand) with Previous Refusal CASE TYPE The Applicant lodged an application for Skilled Independent (Subclass 189) Visa (New Zealand) including secondary applicants, his wife and his son from previous marriage who were in overseas at the time of application. The Applicant’s son did not meet the health requirements subsequently […]

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Skilled Independent (Subclass 189) Visa (New Zealand) with Previous Refusal

CASE TYPE

The Applicant lodged an application for Skilled Independent (Subclass 189) Visa (New Zealand) including secondary applicants, his wife and his son from previous marriage who were in overseas at the time of application. The Applicant’s son did not meet the health requirements subsequently the Public Interest Criteria (PIC) 4007 and therefore the group application was refused.

The Applicant has lived in Australia for over 10 years and is an owner of a property and business. The Applicant had substantial financial capacity to support his son’s medical treatment and other related expenses. The Applicant’s wife who he married overseas had never been to Australia therefore the Applicant was also required to evidence genuine and continuing relationship with his wife.

The main strategy for the new application included to hold off the son’s applicant until further reasonable evidence was available for PIC 4007 waiver that includes that the significant cost of medical identified is outweighed by mitigating factors and/or compassionate and compelling circumstances.

CASE BACKGROUND

The Applicant failed to disclose the son’s (secondary applicant) health condition which subsequently didn’t meet the PIC 4007 Criteria which has to be met by the Applicant and subsequent entrants. The Applicant was awarded an opportunity to respond to the adverse information via detailed assessment by a Medical Officer of the Commonwealth (MOC) however unfortunately as the Applicant’s son didn’t meet the criteria for the health waiver, the Department were not satisfied that the significant cost identified is outweighed by mitigating factors or compassionate and compelling circumstances. Hence the group application was refused.

The Applicant moving forward wanted to reunite with his partner who had been trapped overseas in the midst of Covid-19 lockdown. In the second Visa application, we had to ensure that the history of refusal outweighed against the strong evidence the Applicant had to present for the grant of the new visa. We had to ensure we demonstrated the Applicant’s relevant documentary evidence required for the grant of Visa. Additionally, we also had to evidence that the Applicant and his wife overseas were in a genuine and continuing relationship.

CASE STRATEGY

We demonstrated the Applicant’s relevant documentary evidence required for the grant of Visa. Additionally, we also evidenced that the Applicant and his wife overseas were in a genuine and continuing relationship and did not marry for migration purposes to Australia and advised the client to provide sufficient evidence of his residency in Australia to satisfy the residency requirement. Subsequently, we addressed the Applicant’s financial, residency and business ties to Australia.

Further, for the Applicant’s partner we advised the Applicant to present 4 sets of evidence to satisfy the assessor that they were in genuine and continuing relationship, including the nature of their commitment, the financial aspects of their relationship, the nature of their household and the social aspects of their relationship. In this documentary evidence it was crucial that the Applicant was afforded an opportunity to put forward the evidence before the assessor of his genuine application and put mere weight on his history of previous visa application.

CASE OUTCOME

The Department accepted the Applicant’s documentary evidence, and the Applicant and his wife was subsequently granted a Skilled Independent (Subclass 189) (NZ stream), permanent residency in Australia, within 6 months of applying.  

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]]> Resident Return (Subclass 155) Visa where the Applicant did not reside in Australia for nearly 10 years. https://immigrationsolutionslawyers.com.au/case/resident-return-subclass-155-visa-where-the-applicant-did-not-reside-in-australia-for-nearly-10-years/ Sun, 30 Apr 2023 14:28:45 +0000 https://immigrationsolutionslawyers.com.au/?post_type=liquid-portfolio&p=13517 Resident Return (Subclass 155) Visa where the Applicant did not reside in Australia for nearly 10 years. CASE TYPE The Applicant was granted Permanent Residency in December 1988 and despite being issued a multitude of Resident Return Visa’s (hereafter referred to as RRV), specifically, their last being in March 2012, the Applicant, due to her […]

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Resident Return (Subclass 155) Visa where the Applicant did not reside in Australia for nearly 10 years.

CASE TYPE

The Applicant was granted Permanent Residency in December 1988 and despite being issued a multitude of Resident Return Visa’s (hereafter referred to as RRV), specifically, their last being in March 2012, the Applicant, due to her profession, had to travel often, and was unable to maintain her residency in Australia, and was ultimately forced to reside in her home country. Despite trying to arrange plans to move back to Australia in 2020, this was paused due to the onset of COVID-19.

CASE BACKGROUND

The Applicant’s extended absence from Australia needed to be addressed adequately, to show that she has compelling reasons and substantial ties to warrant the grant of an RRV, despite not residing in Australia for over nearly 10 years. The level of difficulty when addressing Substantial Ties and Compelling Circumstances, is increased by the Applicants near 10-year absence from Australia, and this needed to be adequately addressed to the Department. 

CASE STRATEGY

We advised the Applicant to firstly present substantial ties to Australia, through factors such as her family in Australia, her property in Australia and even aspects such as her efforts to apply for jobs in Australia in preparation and intentions of returning to Australia. We then focused our evidentiary support on the compassionate grounds for the Applicants absence which surrounded her work requiring her overseas, and her inability to retain work in Australia.

CASE OUTCOME

The Department granted the Resident Return Visa to the Applicant for 1 year, despite her near 10 year absence and instead, in light of the Applicants strong intentions to reside in Australia actioning the purchase of a property and job.

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]]> Subclass 155 Visa (RRV) Approval within a week https://immigrationsolutionslawyers.com.au/case/subclass-155-visa-rrv-approval-within-a-week/ Wed, 26 Apr 2023 06:55:37 +0000 https://immigrationsolutionslawyers.com.au/?post_type=liquid-portfolio&p=13394 Subclass 155 Visa (RRV) Approval. CASE BACKGROUND The Applicant, came to Immigration Solutions Lawyers (ISL) 7 days prior to the current permanent residency visa expiry. The Applicant seek urgent assistance in the RRV application as time was of the essence.  ISL was able to compile all the documentary evidence to prove the residency requirement as […]

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Subclass 155 Visa (RRV) Approval.

CASE BACKGROUND

The Applicant, came to Immigration Solutions Lawyers (ISL) 7 days prior to the current permanent residency visa expiry. The Applicant seek urgent assistance in the RRV application as time was of the essence.  ISL was able to compile all the documentary evidence to prove the residency requirement as stated in 155.212 of the Migration Regulations. Another concern included, the Applicant has barely any financial documents under their name given they were a full-time homemaker, and the bills went under their spouse’s name.

CASE DIFFICULTY

The Applicant, being a housemaker, didn’t have much residency evidence including, rental agreement or property ownership, utility bills etc. under their name, which are usually provided to showcase residency evidence and given the urgency of the matter, ISL had to ensure the Application is lodged well before the current visa expiry, with the other relevant supporting evidence as stated above to meet the residency requirement.

CASE STRATEGY

We advised the Applicant’s to provide a plethora of documents including but not limited to passport stamp pages, movement records as well as Statutory Declarations from their spouse and other family members with who the Applicant lived with, given their names were on all utility bills. We compiled all the available and relevant documentary evidence at the time visa application lodgement. The application was lodged 2 days prior to the visa expiry.  

CASE OUTCOME

The Department granted the Applicant their RRV within a week of lodgement without any further request from the Department. The visa is valid up to 5 years.

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