Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members

..and much much more!

shm

"Must make first entry to Australia beofre" date on PR visa

Recommended Posts

Good Morning All,

 

I have recently been granted my PR :wink:and I want to be clear about the date in question.

 

1. Is it so that if I am unable to enter Australia before that data my PR can be cancelled, and will entering Australia before that data activate my visa?

2. If for some reason my spouse cannot enter Australia before that date with me, does that mean her PR may be cancelled?

3. Is there anyway to extend that date since I am only given 3 months. Is that normal timeframe? I have seen threads here where families are planning emigration in next year or so.

 

Any inputs/experiences will be appreciated.

Share this post


Link to post
Share on other sites

From what I understand all persons must validate their visas before the date as it will be cancelled if not activated!


IELTS sat 30/6/12 L8.5,R9,W8.5,S8.5 Ave 8.5, TRA sent 20/06/13, 1st stage assessment passed 15/07/13, 2nd stage 22/07/12 in Glasgow. TRA passed 29/07/13. EOI submitted 29/07/13, SS received 5/08/13, ITA received 08/08/13, 190 Visa applied for 14/08/13, Medicals 23/08/13, PCC uploaded 11/9/13, CO 26/9, VISA GRANTED 17/10/2013

Share this post


Link to post
Share on other sites

The date is usually 12 months from the date of your oldest document - ie police clearance certificate or medicals. If you had these done say, 9 months ago - that will be why you only have 3 months to validate. If that isn't the case, i'm not sure why you would receive such a short time frame.


Counting down the days until we emigrate... 28th March 2016, Melbourne here we come...

Share this post


Link to post
Share on other sites

1- Yes

2- Not "may be" but "will be" canceled

3- Never heard of anybody who got an extension

 

The 3 month timeline is strange, though. They asked me if I can make it before 1st of November, and I said yes. They gave me the opportunity to extend IED, by taking the medicals again.

 

Didn't they ask you if your IED is OK?

 

Is there any reason you and your spouse wouldn't be able to fly in for a short holiday? That would be enough to activate the visa for both.


IELTS 27.07.2013 - L:8.0/ R:8.5/ W:8.0/ S:6.5

AACA submitted 23.07.2013 - Positive answer received 08.10.2013

NSW SS 06.03.2014 - 190 Lodged 15.03.2014 - CO 04.07.2014

Visa Granted - 16.07.2014 - Sydney 29.08.2014

Share this post


Link to post
Share on other sites

Yes most of my friends at the least 3 of them took their families for a short week or less than a week trip just to activate the visa. You are right, that not everybody can pre plan migration in such short time frame. I have never heard of extensions though


IELTS completed: 07/05/14. S:7.5,L:7.5,R:8.0,W:7.5. ACS Submitted: 26/05/14. ACS +ve result(65 Pts): 30/06/14. EOI Submitted 05/07/14

 

Share this post


Link to post
Share on other sites
Good Morning All,

 

I have recently been granted my PR :wink:and I want to be clear about the date in question.

 

1. Is it so that if I am unable to enter Australia before that data my PR can be cancelled, and will entering Australia before that data activate my visa?

2. If for some reason my spouse cannot enter Australia before that date with me, does that mean her PR may be cancelled?

3. Is there anyway to extend that date since I am only given 3 months. Is that normal timeframe? I have seen threads here where families are planning emigration in next year or so.

 

Any inputs/experiences will be appreciated.

 

My wife and I only had 3 months to validate our pr visas (fault of our agent instructing us to arrange police checks too far in advance)

We went out before our deadline(made a holiday out of it)and returned to the UK. Moving back to aus in October.

You will have to do what we did or make the permanent move before your 3 months is up.

Failure to do either of these WILL result in your visas being cancelled.


Applied for Citizenship: 16-11-19

Case officer request for more info (UK police clearance certificate 13-12-19

Test date: 13/2/2020  rescheduled to 16-1-2020

Test passed : 100%

Approval: 30/1/2020

Ceremony:  TBA
 

Perth, Council - City of Wanneroo

 

Share this post


Link to post
Share on other sites

Yes, you and all family members included in your application must enter before the Initial Entry Date to validate the visa, even if it's just for a holiday or simply to clear customs and register as having entered the country - you can then make your permanent move any time within 5 years of the visa being granted. The date is typically 12 months from the validity date of your police check/medical check, whichever was earlier. Extensions, if they are possible, would probably require incredibly compelling circumstances such as you being hospitalised and even then that may not be an option.

Share this post


Link to post
Share on other sites
Extensions, if they are possible, would probably require incredibly compelling circumstances such as you being hospitalised and even then that may not be an option.

Previous posters have been advised that extensions are not possible under any circumstances.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

Share this post


Link to post
Share on other sites
Previous posters have been advised that extensions are not possible under any circumstances.

 

I seem to recall Westly Russell implying that had a previous poster (who'd missed their initial entry date for what they said was medical reasons) spoken with a migration agent, there may have been an option.

Share this post


Link to post
Share on other sites
I seem to recall Westly Russell implying that had a previous poster (who'd missed their initial entry date for what they said was medical reasons) spoken with a migration agent, there may have been an option.

I understand that extensions can never be granted. If initial entry is not made by the due date, the visa holder is in breach of the conditions of the visa and consideration will be given to cancelling the visa. This is in the form of show cause - i.e. we will cancel the visa unless you can show cause why we shouldn't. I believe getting the initial entry date waived is almost impossible, and would never happen if the visa holder appeared to have planned to miss the initial entry date. The waiver can only be applied for once the visa holder is already in breach, so it is an all or nothing gamble - lose and you've lost your visa.

Edited by snifter
removed comment about another member

Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

Share this post


Link to post
Share on other sites
I seem to recall Westly Russell implying that had a previous poster (who'd missed their initial entry date for what they said was medical reasons) spoken with a migration agent, there may have been an option.

 

I had a client whose mother died two days before she was due to travel. She was sponsored by her brother who was travelling to his mother's funeral. A later entry date was requested and granted. I suppose one might call that medical reasons.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

Share this post


Link to post
Share on other sites

Thank you everyone for all your inputs :)

 

My medical which is my last document submitted to DIBP, was done 3 months prior to the visa grant but I dont know why I am given such short notice, and no I was not asked if this short notice is acceptable to me :(

 

I guess the best thing for me to do is to come for a short visit maybe for few days (due to my job obligations) with my spouse and then emigrate later on...

Share this post


Link to post
Share on other sites
My medical which is my last document submitted to DIBP, was done 3 months prior to the visa grant ...

It's not the last document that counts but the first one. When were your police checks done?


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

Share this post


Link to post
Share on other sites
It's not the last document that counts but the first one. When were your police checks done?

 

Around the same month as my medicals.

infact my case was dormant from 2012 until Feb 2014. All medicals and PCC were done in Mar/Apr 2014.

Share this post


Link to post
Share on other sites

Did you have to sign a health undertaking?


IELTS 27.07.2013 - L:8.0/ R:8.5/ W:8.0/ S:6.5

AACA submitted 23.07.2013 - Positive answer received 08.10.2013

NSW SS 06.03.2014 - 190 Lodged 15.03.2014 - CO 04.07.2014

Visa Granted - 16.07.2014 - Sydney 29.08.2014

Share this post


Link to post
Share on other sites
Did you have to sign a health undertaking?

 

No

Share this post


Link to post
Share on other sites

This is a little bit tricky but I want to get some information regarding my spouse visa (skilled 190).

I and my spouse got the visa in 2013 and need to complete first entry before 2014.

I have completed my first entry (right now I am in Australia) but my spouse didn't do her first entry due to personal issues. Right now I am planning to bring my spouse and child by applying new dependent visa (both). Before that, I want to bring my spouse in visitor visa.  While applying for a visitor visa I have encountered with below issues and unable to proceed further.

1. The applicant has a previous visa cancellation or refusal.

2. The applicant does not hold an appropriate visa.

3. The applicant has a condition on the current visa.

4. The applicant's location cannot be confirmed

5. The applicant is an Australian citizen or permanent resident.

Post above issue I have checked my spouse PR status in VEVO CHECK and it was showing "In effect" (even for me showing the same status). Is someone encounter the same issue? 

Can you please help me to understand how to proceed further. Someone share Immigration mail id to check my above issue directly with Immigration department.

Note: Still my spouse PR end date is Dec 11, 2018

Happy to listen to your views and further proceedings.

Share this post


Link to post
Share on other sites
6 hours ago, Jayant said:

This is a little bit tricky but I want to get some information regarding my spouse visa (skilled 190).

I and my spouse got the visa in 2013 and need to complete first entry before 2014.

I have completed my first entry (right now I am in Australia) but my spouse didn't do her first entry due to personal issues. Right now I am planning to bring my spouse and child by applying new dependent visa (both). Before that, I want to bring my spouse in visitor visa.  While applying for a visitor visa I have encountered with below issues and unable to proceed further.

1. The applicant has a previous visa cancellation or refusal.

2. The applicant does not hold an appropriate visa.

3. The applicant has a condition on the current visa.

4. The applicant's location cannot be confirmed

5. The applicant is an Australian citizen or permanent resident.

Post above issue I have checked my spouse PR status in VEVO CHECK and it was showing "In effect" (even for me showing the same status). Is someone encounter the same issue? 

Can you please help me to understand how to proceed further. Someone share Immigration mail id to check my above issue directly with Immigration department.

Note: Still my spouse PR end date is Dec 11, 2018

Happy to listen to your views and further proceedings.

You have already been told by an agent that this is too complex for an internet forum and you need to get professional advice. 

Share this post


Link to post
Share on other sites

I think by reading this forum thread I have my answer, however..

I am applying for a 190 via SA, we have only just submitted our EOIs, so are a fair way off any result.

Does the 190(PR) follow the general rules I have read here? Namely that you must 'activate' the visa/s before 12 months after your earliest medical/police check?

Up until now I had assumed there would be no activation required and that the visa would be 'active' upon issue.

Share this post


Link to post
Share on other sites
29 minutes ago, Dazspy said:

Up until now I had assumed there would be no activation required and that the visa would be 'active' upon issue.

Yes your visa has to be activated.  You activate your visa by arriving in Australia, even if it's only for a day.  If you don't arrive in Australia before the due date, you lose your right to enter and that's the end of your visa!

  • Like 1

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

Share this post


Link to post
Share on other sites

Well that has clarified the process (and that it applies across many/all visa types)

I have already applied for and received our police checks, but not medical. Based on the information here, it seems the smartest thing to do is not to get the medical 'early'(before invitation) and to reapply for police certs, extending our window for arrival/activation.

I have read that there is almost no circumstance where extensions are granted (on this forum)

My interest in this aspect of the process is borne of the situation that we are expecting a baby to arrive in March next year... in reality the visa timeline shouldn't be affected by a baby's arrival and ability to travel. It's just the proposition of making the journey there and back with a new born and a 4yr old! 

Share this post


Link to post
Share on other sites
4 hours ago, Dazspy said:

Well that has clarified the process (and that it applies across many/all visa types)

I have already applied for and received our police checks, but not medical. Based on the information here, it seems the smartest thing to do is not to get the medical 'early'(before invitation) and to reapply for police certs, extending our window for arrival/activation.

I have read that there is almost no circumstance where extensions are granted (on this forum)

My interest in this aspect of the process is borne of the situation that we are expecting a baby to arrive in March next year... in reality the visa timeline shouldn't be affected by a baby's arrival and ability to travel. It's just the proposition of making the journey there and back with a new born and a 4yr old! 

To further complicate things, remember If the baby arrives before the visa is granted, the baby can be added as a dependent. If the baby arrives afterwards then the baby will need his/her own visa - Child 101

Share this post


Link to post
Share on other sites

With medicals and police checks, wait until you are asked for them by the case officer

Share this post


Link to post
Share on other sites

This may come off as a stupid sounding question, forgive me. 

I am assuming you mean a case officer that represents the immigration dept ?(we are not using an agent)

I have heard the term 'application ready' (or it may have been 'submission ready'?? I can't quite recall) which I took to mean having all of our documents ready BEFORE even being invited to apply.

Is your advice to not get medicals until after even submitting a visa application ?(once invited)

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×