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Validating visa


familyof4

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We have been granted our 189 visa. We don't think we will be able to move before the date it says on the visa, so are needing to fly out to validate it.

 

Are we able to fly into any airport in Australia and then fly back immediately? I know it sounds ridiculous but we can't afford to stay so we probably wouldn't even leave the airport!

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Just to put a cat among the pigeons!!!

 

I have received a reply back from immigration stating the following

 

The grant of your General Skilled Migration visa included the following visa condition:

8504 The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister.

This condition requires an initial entry into Australia by each visa holder be made before the date specified in the “Visa Grant Notice” provided to you when your visa was granted.

General Skilled Migration is aware that you and/or your family members who were granted a visa as part of your application may not comply with this condition.

Failure to comply with visa conditions can render a visa liable for cancellation under the Migration Act 1958 and visa holders are encouraged to make their first entry by the initial entry date.

General Skilled Migration; however; has no objection to visa holders travelling to Australia in breach of condition 8504 and will not seek to cancel a visa where the only reason for doing so would be the breach of this condition.

 

So it is saying that actually you dont need to enter Australia before the first entry date because they will not cancel your visa!!

 

Now then, do you risk it or not!!!

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We have been granted our 189 visa. We don't think we will be able to move before the date it says on the visa, so are needing to fly out to validate it.

 

Are we able to fly into any airport in Australia and then fly back immediately? I know it sounds ridiculous but we can't afford to stay so we probably wouldn't even leave the airport!

 

I seriously think that is very bad idea health wise - it's a long journey. At least try and stay two nights.

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Just to put a cat among the pigeons!!!

 

I have received a reply back from immigration stating the following

 

The grant of your General Skilled Migration visa included the following visa condition:

8504 The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister.

This condition requires an initial entry into Australia by each visa holder be made before the date specified in the “Visa Grant Notice” provided to you when your visa was granted.

General Skilled Migration is aware that you and/or your family members who were granted a visa as part of your application may not comply with this condition.

Failure to comply with visa conditions can render a visa liable for cancellation under the Migration Act 1958 and visa holders are encouraged to make their first entry by the initial entry date.

General Skilled Migration; however; has no objection to visa holders travelling to Australia in breach of condition 8504 and will not seek to cancel a visa where the only reason for doing so would be the breach of this condition.

 

So it is saying that actually you dont need to enter Australia before the first entry date because they will not cancel your visa!!

 

Now then, do you risk it or not!!!

 

That is a new one on me. I have always understood if first entry is not made the visa will be cancelled. If you decide not to validate, please let us know how you get on...

 

:wideeyed:

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First time I've ever heard of anything like that. I wouldn't risk it but who knows?? It wouldn't be the first time DIBP has been known to change how they implement the regulations.

 

I echo Bungo's request - if you decide not to enter before the validation date, please let us know how you get on.

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We have been granted our 189 visa. We don't think we will be able to move before the date it says on the visa, so are needing to fly out to validate it.

 

Are we able to fly into any airport in Australia and then fly back immediately? I know it sounds ridiculous but we can't afford to stay so we probably wouldn't even leave the airport!

 

Sorry I can't answer your question familyof4 but I wanted to say massive congratulations on the visa grant. Wishing you all the very best once you get to Australia. Please keep us posted with everything

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Never seen that before. Guess the only way to test it is to turn up at check in AFTER the validation date and see if they will let you on the plane!

I'd certainly ne checking it with DIBP first! As effectively its saying you have 5 years in which to validate the visa!

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  • 11 months later...

Familyof4 I have same situation as you I.e I need to breach initial entry date and my understanding per notice 8504 is that I do not actually need to enter by that date and visa will not be cancelled if I do not enter by the initial date. Did you breach the entry date and if you did, did you have any visa issues because of it? Thanks

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Just throwing an idea out here, Usually connecting flights are at Dubai, Singapore, Bangkok. I've been asked if i've wanted my connecting flight a day later before at no extra cost, could be a option if you want to break up a return journey to australia non stop, and hotels in Thailand are pretty cheap compared to australia, but then again Airbnb is also competitive. I'd stay in oz for a couple of days myself

 

congratulations by the way!!!!

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Familyof4 I have same situation as you I.e I need to breach initial entry date and my understanding per notice 8504 is that I do not actually need to enter by that date and visa will not be cancelled if I do not enter by the initial date. Did you breach the entry date and if you did, did you have any visa issues because of it? Thanks

 

Hi Craigriach

 

We still have not moved. Our initial entry date has passed. I have sent a 2 emails to Immigration to try to get it clarified but no reply yet.

 

If I ever get a reply or when we make the move, I will update this thread to let you all know!!!

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Hi Craigriach

 

We still have not moved. Our initial entry date has passed. I have sent a 2 emails to Immigration to try to get it clarified but no reply yet.

 

If I ever get a reply or when we make the move, I will update this thread to let you all know!!!

 

Must admit i have never come across anyone who managed to completely ignore the validation date and just arrive maybe years later. I've seen many people ask for extensions for exams or just for wanting longer, and be told No, and maybe a couple of extensions granted for major issues -like when all the flights were grounded for the Icelandic volcano.

 

Be interesting to hear if the idea of a validation date has now been scrapped.

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What I have read from migration agents is that you can breach the initial entry date and then contact immigration to explain your compelling reasons for doing so. And what the migration agents have said is that your reasons must be truly compelling, i.e. in hospital due to car accident. Not simply that you didn't get around to it or couldn't afford the flights or kids had school exams, etc. So you can't simply show up at the airport years later and expect to be granted entry to Australia.

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Hi Craigriach

 

We still have not moved. Our initial entry date has passed. I have sent a 2 emails to Immigration to try to get it clarified but no reply yet.

 

If I ever get a reply or when we make the move, I will update this thread to let you all know!!!

Look up VEVO that will tell you the status of your visa
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  • 2 months later...
Hi Craigriach

 

We still have not moved. Our initial entry date has passed. I have sent a 2 emails to Immigration to try to get it clarified but no reply yet.

 

If I ever get a reply or when we make the move, I will update this thread to let you all know!!!

 

what did happen ? whats the update?

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  • 3 months later...

Hi familyof4,

 

IED is missed. Already breached condition 8504 . She did have some health matters but i think they are probably not too compiling reasons.

 

I have been discussing this matter for few days around.

In this thread i found similar case scenario.

 

Please share your experience how you convinced the department for extension.

 

Much appreciate if you get some time to write

 

 

 

 

Sent from my iPhone using Tapatalk

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