Soffy999 Posted March 30, 2020 Share Posted March 30, 2020 I have a partner visa subclass 100. Granted in 2015 and I activated it in 2016. We're still living in the UK but planning the move to Coffs Harbour later this year. I'm a UK citizen. Husband is Australian from Adelaide but he has lived with me in the UK for the past 10 years and we have a 5 year old son who holds an Australian passport as well as a UK passport. Husband now has a UK passport also. The "must not arrive after" date for me is 6 August 2020. Because of all the current Covid-19 upheaval, our migration plans may be delayed until later in the year. My question is, could I at this stage in the UK obtain a Returning Resident Visa? I wondered if in that way it could effectively extend the 6 August date until later in the year. We were expecting to get our Australian lives started once we arrived in Coffs and were not expecting to sign up to jobs, houses etc at this stage while still in the UK. Husband is a refrigeration mechanic so is hoping to get work quickly once landed, I'm a solicitor but not expecting to work as that in Coffs but concentrate on getting our son started in school etc. We called Australian immigration enquiry number today but didn't really get a clear answer, they just told us to look at the website, so we'll try again tomorrow in any event but I wondered if anyone here could shed some light. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 30, 2020 Share Posted March 30, 2020 If circumstances were normal, I’d say no. However you only have to look around the forums to see that thousands of new migrants must be affected by the travel ban, so they will have to make a policy decision to determine what happens to those who can’t activate in time Quote Link to comment Share on other sites More sharing options...
rammygirl Posted March 30, 2020 Share Posted March 30, 2020 I think you would have a good case for an RRV. You are married to an Australian citizen and have an Australian citizen child. Showing your intention to return and any other links, family, bank accounts etc. Best to apply sooner rather than later though. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 30, 2020 Share Posted March 30, 2020 (edited) I believe official advice is to contact Immigration to request an extension, but to wait until close to your activation date before doing so. Currently, there is nothing to stop you moving or visiting before your "arrive by" date (see the wording below from the website). The government issued a warning that all Australian citizens should return home some time ago, before flight numbers were cut back. So that becomes a problem for the RRV because you can't claim you weren't warned and you can't claim you were unable to fulfil your obligation. The reality is, of course, that it's difficult to get flights and you are undersandably reluctant to risk flying in the middle of all this. I have no idea whether Immigration will see those as good enough reasons not to make the move. All you can really do is cross your fingers Partner (subclasses 100, 309, 801, 820) and Child (subclasses 101, 102, 445) visa holders can come to Australia. You do not need to request an exemption. Edited March 30, 2020 by Marisawright Quote Link to comment Share on other sites More sharing options...
rammygirl Posted March 31, 2020 Share Posted March 31, 2020 He had activated his visa in 2016. Just the 5 year travel but will expire in August. He should apply for an RRV giving the strong ties and reasons for not being able to move. Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 31, 2020 Share Posted March 31, 2020 You should be able to change your IED. 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 31, 2020 Share Posted March 31, 2020 2 hours ago, wrussell said: You should be able to change your IED. That's what I thought. Go for that before you try for a RRV. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted March 31, 2020 Share Posted March 31, 2020 Am I reading this wrong. The OP has made initial entry so changing IED is irrelevant. (If that means initial entry date). He is more concerned with no being able to migrate within the 5 year deadline which ends in August this year. Surely an RRV is therefore what is required, unless you think they will extend the must not arrive after date. 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 31, 2020 Share Posted March 31, 2020 28 minutes ago, rammygirl said: Am I reading this wrong. The OP has made initial entry so changing IED is irrelevant. (If that means initial entry date). He is more concerned with no being able to migrate within the 5 year deadline which ends in August this year. Surely an RRV is therefore what is required, unless you think they will extend the must not arrive after date. However, although they activated, they have never ever lived in Australia - so they're missing the residential requirement by 100%. That makes a very weak case for a RRV. If WRussell is suggesting they'd be best to get an extension on their IED then that's what I'd go for. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted April 1, 2020 Share Posted April 1, 2020 But they have already made their Initial Entry so how would extending that help? I would have thought the citizenship of his wife and child would help with strong ties. 1 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted April 1, 2020 Share Posted April 1, 2020 10 hours ago, Marisawright said: However, although they activated, they have never ever lived in Australia - so they're missing the residential requirement by 100%. That makes a very weak case for a RRV. If WRussell is suggesting they'd be best to get an extension on their IED then that's what I'd go for. One cannot get an extension on an initial entry date when one entered on that visain 2016!! 1 Quote Link to comment Share on other sites More sharing options...
paulhand Posted April 2, 2020 Share Posted April 2, 2020 (edited) On 01/04/2020 at 03:36, rammygirl said: But they have already made their Initial Entry so how would extending that help? I would have thought the citizenship of his wife and child would help with strong ties. I agree and the "must not arrive after" is not the initial entry date, it's the expiry date of the 100 visa. I would be applying for an RRV soon. If the OP wants to get in touch I can explain how this works. Edited April 2, 2020 by paulhand 2 Quote Link to comment Share on other sites More sharing options...
Soffy999 Posted April 2, 2020 Author Share Posted April 2, 2020 Thanks everyone. That's right, I activated the visa in 2016 when we visited Adelaide to see the in laws, so it's the expiry date of the 100 visa that I am concerned about. We have now come to the same conclusion that I'll apply for an RRV straight away, and mention in my statement my Australian husband and child, and the plans that we have made to migrate that are going to be slightly postponed to later this year due to Covid-19 affecting my work situation. Thanks all! Very helpful as always!! 1 Quote Link to comment Share on other sites More sharing options...
wrussell Posted April 3, 2020 Share Posted April 3, 2020 I read only the part when the OP claimed not o have migrated, but this was not so and eliminates IED. 1 Quote Link to comment Share on other sites More sharing options...
Soffy999 Posted April 14, 2020 Author Share Posted April 14, 2020 Just to follow up - I submitted the application for an RRV on 6 April 2020 and have this morning received the letter confirming that it has been granted. Phew. My "must not arrive after" date is now 14 April 2021. Thanks again for everyone's help. 2 Quote Link to comment Share on other sites More sharing options...
rammygirl Posted April 14, 2020 Share Posted April 14, 2020 That was pretty quick Quote Link to comment Share on other sites More sharing options...
Thu Tran Posted July 19, 2020 Share Posted July 19, 2020 On 14/04/2020 at 14:15, Soffy999 said: Just to follow up - I submitted the application for an RRV on 6 April 2020 and have this morning received the letter confirming that it has been granted. Phew. My "must not arrive after" date is now 14 April 2021. Thanks again for everyone's help. Hi, I'm a bit in the same situation and needed to seek extension for my initial entry date, which is the 12th Sep 2020. I submitted my request for an extension of the IED via this link (https://immi.homeaffairs.gov.au//help-support/departmental-forms/online-forms/australian-immigration-enquiry-form), and the answer I received (quoted below) is not very re-assuring. I found the info you shared very helpful, and your case has given me some hope. How did you submit your application for the extension of the "must no arrive after" date? Is there an email or an online form to write to? Thanks so much in advance for your advice. Quoted answer from the Immigration Department following my request for IED extension due to covid-19: "The first entry date condition is a legislative requirement and is attached to permanent and provisional visas granted offshore. It is not possible to waive the condition or vary the date, and visa holders who breach the first entry date condition may be subject to visa cancellation. However, in the majority of cases, visa holders who are unable to make their first entry by the required date may be allowed to enter Australia at a later date, provided their visa is still valid and there is no other reason to consider cancellation of the visa." Quote Link to comment Share on other sites More sharing options...
paulhand Posted July 19, 2020 Share Posted July 19, 2020 (edited) “First entry” is not the same as “must not arrive after” - which do you mean? Edited July 19, 2020 by paulhand Quote Link to comment Share on other sites More sharing options...
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