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What to do if Visa not granted before departure date?


djfuddy

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Hi All

 

We have already booked flights to Australia for April, awaiting a case officer and confident of having one by end February the latest.

 

If for some reason it is delayed, is it correct we can go on holiday visa, notify case officer and they will let us know when we need to go out and back in to activate visa?

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Probably wiser to delay your departure. There are some visas which get cancelled if you apply for another (like a tourist visa) - others will know which those are likely to be. And you don't want to be in Aus if, for some reason, your visa gets knocked back and you've committed everything to being there. Patience is a virtue (and very pragmatic!)

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Probably wiser to delay your departure. There are some visas which get cancelled if you apply for another (like a tourist visa) - others will know which those are likely to be. And you don't want to be in Aus if, for some reason, your visa gets knocked back and you've committed everything to being there. Patience is a virtue (and very pragmatic!)

This might seem like unwelcome advice but it is actually really sound. I know what it is like to be waiting for a visa - life in limbo and it feels like it will never end. But when it does end and you are in Australia, the waiting period just collapses in your mind into nothing; there would have been nothing gained by waiting three months less, and nothing lost by waiting three months more. I can imagine nothing more frustrating, though, than arriving in Australia on a tourist visa, unable to work; unable to bank; unable to rent property; unable to settle - all just waiting with fingers crossed for a visa to come through and no obvious way back if things don't go your way. Migration is bloody hard and you want to be able to hit the ground running when you get to Australia. Sitting in a hotel room, watching your money evaporate and spending all day waiting for news is not going to help your chances of loving the place and wanting to stay.

 

Just my opinion - ymmv.

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Hi All

 

We have already booked flights to Australia for April, awaiting a case officer and confident of having one by end February the latest.

 

If for some reason it is delayed, is it correct we can go on holiday visa, notify case officer and they will let us know when we need to go out and back in to activate visa?

 

A better strategy is to apply for the visitor visa first, but you should not have any issue with your proposed strategy, provided you take the correct steps to inform the DIBP about changed circumstances. Presumably you know what you are doing re medical examinations and penal clearances.

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Thanks all,will be on a 189 visa have front loaded all documents, done medicals and have all PCC certificates uploaded.

 

Understand comments about waiting but we know risks and if all was to fail, visa rejected then we have 3 month holiday in Australia and then decide what we do with our lives.

 

Risky strategy maybe but confident if will work!!

 

Just wondered if anyone else has had experience in same situation i.e. arriving in Australia, informing agent and then flying out/in to activate.

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If a foreigner tried to get in the UK and not wait for a visa to be granted I'm sure you would be outraged or at least annoyed at their arrogance and self entitled attitude that they have a right to walk into a country and ignore the immigration procedures. Being granted permission to live in Australia is a privilege you should be grateful for. By ignoring immigration regulations, you disrespect Aussie citizens and the thousands of migrants who have bided their time and followed procedure.

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I think the last post is a bit harsh in relation to the original question asked by djfuddy..... they are not looking to abuse a system just asking a valid question, if doing what they propose ends up costing them more money then that is their choice, but it is perfectly acceptable to go over on a tourist visa 1st in the hope the 189 is granted, if not then they have acknowledged they will leave the country as dictated by the tourist visa.

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It may seem harsh but it is cheating the system. Even DIBP advises not to book anything until the visa is granted. There are so many reasons why a visa may not be granted and in my opinion, if you go ahead and travel, to effectively emigrate, which is what the poster is doing, then they are knowingly abusing the system.

 

I waited until my visa was granted and sorted everything out and travelled in 6 weeks so it can be done quickly. A 189 visa is a permanent visa so by applying, it is clear they are applying to emigrate with a permanent expectation as opposed to 457 or WHV where there is no permanence.

 

Others have are advised against their plan as to invest so much time, effort and expense with no guarantee you have the visas is foolhardy. You wouldn't leave a job on the expectation of getting one you have applied for without before getting an interview and their actions would have far more serious consequences!

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I think the OP is not abiding by the spirit of the system, but not doing anything illegal. You could argue that the system is at fault for leaving the loophole, but the more people who exploit it, the sooner it is likely to be closed. My main objection to the OP's approach is that I don't think sitting in Australia waiting for a visa grant will be quite as enjoyable as the OP expects.

 

I waited until my visa was granted and sorted everything out and travelled in 6 weeks so it can be done quickly.

Wimp - I moved in three and a half weeks ;)

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It may seem harsh but it is cheating the system. Even DIBP advises not to book anything until the visa is granted. There are so many reasons why a visa may not be granted and in my opinion, if you go ahead and travel, to effectively emigrate, which is what the poster is doing, then they are knowingly abusing the system.

 

Mod hat on here. As you said, that is your opinion. It is not law. The op is doing nothing wrong, no matter if any of us agrees with it or not. This is not the place to have this debate. Feel free to start a general debate in that section, but no more picking on the op.

Any more from anyone not trying to be helpful to the op will be deleted.

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Yep - good advice re: shipping your belongings. I was planning on doing exactly what you were doing, and for good reason - I had been separated from my then-fiance (now husband) for 15 months waiting on various visa issues to play out (first six months for his PR to finish processing (quoted timeframes were 6 weeks at the time!), then 9 months for my PMV (timeframes were typically ~4-5 months for the US at the time). There was no end in sight, and no response from my CO, and we couldn't stand being apart any more. I let my CO know of my travel plans (we were planning to holiday together in Australia), got an ETA (no, this doesn't invalidate your partner visa application, though it would be a problem if granted after the partner visa was, so verify your visa status before you apply for your eVisitor), quit my job, packed up my stuff, had the moving company come and start the process of shipping my stuff, and spent the holidays with hubby and my mom/family, and then with hubby and his parents on the other side of the US. A week before i was scheduled to go to Aus on the ETA, I emailed my CO to (very politely) remind her that I would be flying out the next week. The business day before I was due to fly out, she (very kindly!) granted me my PMV. Turned out that was highly fortuitous as I was unaware at the time that I couldn't have received my shipped goods if I hadn't had my PMV yet. The shipping company never told me that nor verified my visa status before starting the shipment. Could have been bad!

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Thanks All. I fully respect laws on immigration if it was not legal I would not do it, again if case officer warned me not to I would not proceed.

 

Point on shipping luggage is greatly appreciated and something I need to address. Might need to store in UK initially.

 

We have ample funds to support ourselves and this would be a real worst case scenario.

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Having to store belongings! Having to leave Australia to have visa granted! No income if delayed ! Having to live in short term accommodation as you wont be able to rent long term on a tourist visa! what a lot of wasted money, if it was me I would just wait a couple of months but hey ho each to their own!

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I wouldn't do it personally as there are too many ifs and buts. However, the only obstacle that I foresee in this plan is your incoming traveller card that asks you for the purpose of your visit. You would be on a Tourist Visa, but you have no intention of leaving the country permanently at the end of your stay, so that causes a moral dilemma as that is a legal document. Would you put that you are holidaying? Technically you would be but actually you wouldn't be, you would be waiting for your Visa. Ah dilemma's dilemma's.

 

Seriously, don't do it as if something goes wrong, such as the shippers need to see your passport again for some reason, or need you to go in to the office to look something over, then you would be, well, screwed basically. Or something else might happen. Stay put as it won't take long and you'll soon be here. As someone else said, once you're here then the waiting time seems insignificant.

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Thanks All. I fully respect laws on immigration if it was not legal I would not do it, again if case officer warned me not to I would not proceed.

 

Point on shipping luggage is greatly appreciated and something I need to address. Might need to store in UK initially.

 

We have ample funds to support ourselves and this would be a real worst case scenario.

 

I don't think case officers offer any advice, and whilst a fair few years ago now, I know the information we received when allocated a case officer advised not to book any flights until the visa had been granted. I guess the issues if you end up having a 3 month holiday (on a tourist visa) as you suggested whilst waiting for visa grant - that on this visa it would be that you'd find it hard to secure any rental property, you'll be living off your savings as not able to work, unable to apply for medicare, your TFN etc.,

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Guest guest30085

The OP wants to enter Australia as a tourist to do tourist-like activities but just so happens to be applying for a permanent visa at the same time and these are some of the reactions he gets .....

 

'you're cheating the system'

 

'you're not abiding by the spirit of the system'

 

'paying for storage for your furniture!!!???!!' (It's his money to spend)

 

I can't believe what I read on here sometimes, have people really nothing better to do?!

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I assume that the problems the OP faces are: having already committed to moving out of property in the UK by a particular date; having given notice at work; and having already booked flights.

 

I don't think the OP is talking about doing anything morally or legally wrong, but I do think the OP would not enjoy a "holiday" in Australia waiting for a visa as much as he expects. It would just be limbo-land - so close to all the things that need to be done to start a new life but unable to take any of them forward.

 

So one option might be to consider a proper holiday somewhere exotic and cheap - Thailand, Malaysia, Indonesia - using a last minute ticket. This would allow the OP to be offshore for the grant of the visa, and able to travel on to Australia quickly when the visa does come through. Being somewhere other than Australia would make it much more likely to be relaxing and enjoyable. It would mean losing the cost of the Australia tickets, but that would be offset by saving money on the food and accommodation during the waiting period. Plus, if the visa came through the day before travel, then the OP could still use the Australia tickets but write off the cost of the Plan B tickets.

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. This would allow the OP to be offshore for the grant of the visa, and able to travel on to Australia quickly when the visa does come through. Being somewhere other than Australia would make it much more likely to be relaxing and enjoyable. It would mean losing the cost of the Australia tickets, but that would be offset by saving money on the food and accommodation during the waiting period. Plus, if the visa came through the day before travel, then the OP could still use the Australia tickets but write off the cost of the Plan B tickets.

There is no reason why the op needs to be offshore for the grant of the visa, 189/190 do not have onshore offshore distinctions like the older skilled migration visas.

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There is no reason why the op needs to be offshore for the grant of the visa, 189/190 do not have onshore offshore distinctions like the older skilled migration visas.

Fair enough; I didn't know that. But I still believe the OP will have a better time waiting it out overseas having a proper holiday rather than in Australia.

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Guest guest30085
Fair enough; I didn't know that. But I still believe the OP will have a better time waiting it out overseas having a proper holiday rather than in Australia.

 

Maybe the OP wants to so some sight seeing in AUSTRALIA, they may want to travel around before the PR visa is issued and they have to return to normality by looking for jobs and a house. Maybe they have absolutely no interest in visiting Asia.

 

I really can understand some threads being jumped on as sometimes people do ask the most ridiculous questions or mention completely unviable plans of action, but Jesus the OP just wants to go to Oz as a tourist before the possible grant of his visa. I'm sure he has the intelligence to understand the consequences of not receiving PR, like he's said they will just holiday until they decide what's next. I don't think I've ever seen as many negative responses (not meaning just the post I've copied above) over someone that just wants a sodding holiday first!

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Wow Adonna! I came on this thread to offer my own thoughts based on my own experience. The OP is free to take or leave any thoughts or suggestions that people make. Now, you have taken a quote from one of my posts out of context. Then, when I make a specific and constructive suggestion you come back with what you have posted above. If people didn't want ideas and comments, they wouldn't bother coming to an on-line forum, would they? And if they didn't like the comments people made, they would say so, wouldn't they? They don't need you to step in and try to protect them.

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