100 visa - Can't enter within 1 year due to covid delays

[Guest]

Hi all,

I was happily granted my 100 parter visa in February this year. We were super excited as it came in perfect time as we planned to move in May after some travelling. We gave up our jobs, listed the house for rent etc.

Within the week, covid had full effect and we went into lock down and Australia had seriously restricted repatriation flights only, shipping was slowed. We decided to hold off for a few months. However now with the quarantine conditions in Australia - 2 weeks confined to one hotel room (not of our choosing) and having to pay £2000 for the privilege (really can't afford this as who knows how long it will take to find jobs over there and it would be from our savings), plus we don't think we will be able to ship our cat at this time amongst other things. We think it is best to find new jobs here in the UK and wait until next year when hopefully things might be a little more settled around the world. Plus my mum has become unwell (not covid) but I am trying to support her care and to move into supported accommodation so could do with a bit of time to get her settled before I go.

However - we are concerned as this may take us over the 1 year entry time on my visa conditions.

We called Australian immigration and the lady was mightly unhelpful, reading off the internet (what we already knew) and saying that we should let the time lapse and then contact them!

This doesn't sound right and I don't want to risk losing the visa.

I am going to try to call back today - but I wondered if anyone else is in this situation or had any information?

Very much appreciated.

Edited August 6, 2020 by Guest

[Marisawright]

9 hours ago, EsBear said:

Hi all,

I was happily granted my 100 parter visa in February this year. We were super excited as it came in perfect time as we planned to move in May after some travelling. We gave up our jobs, listed the house for rent etc.

We called Australian immigration and the lady was mightly unhelpful, reading off the internet (what we already knew) and saying that we should let the time lapse and then contact them!

This doesn't sound right

Unfortunately, that is right.  

If there are two dates on your visa - an initial entry date and a final entry date - then you may be allowed some flexibility on the initial entry date,  but the final entry date is set by legislation and can't be extended under any circumstances.  

  

[Elizabetty]

Hi,

I can’t help but we are in a similar position... initial entry on partner 100 visa beginning Jan 2021. Haven’t made the trip pre covid as we had a baby in Jan 2020, and we were all set for a move in October (circumstances have now changed due to Covid and husbands job which depends on global travel), now I can’t fly in and do the quarantine then fly out as it’s not possible to leave my children (3 in total) for that long and it wouldn’t be right (or financially viable) to bring them.
 

Its a shame there isn’t any official guidance for those of us with partner visas re initial entry date and covid in the same way as there is for PR skilled visas. 

[Michelle Williams]

We have an initial entry date before January 2021 and have the visa 309/100 awarded in full.  I am also not sure if we will make it by this date due to flight caps and costs.  All I keep hearing is that there are no extensions despite the situation.  

[Das17]

Hi, in the same boat, need to enter by jan 2021. Called them today and explained it was impossible to quarantine in a room with a two year old for 2 weeks. I was advised that l can only apply for an extension after it has lapsed! No way am l doing that!  He said l could enter myself, but get this, l then have to apply for permission to leave!!!

I don’t get it, l don’t want to travel without my family, they don’t want me there so why not give a blanket extension?

 

[Marisawright]

4 hours ago, Das17 said:

Hi, in the same boat, need to enter by jan 2021. Called them today and explained it was impossible to quarantine in a room with a two year old for 2 weeks.

It would be difficult, but not impossible.  There are plenty of people who have done it - I'm sure they were climbing the walls, but they've done it. So I doubt Immigration would accept that as a valid reason.  If you're hoping to get an extension in the future, you'll need to have another reason, I think.

[Toots]

4 hours ago, Das17 said:

Hi, in the same boat, need to enter by jan 2021. Called them today and explained it was impossible to quarantine in a room with a two year old for 2 weeks. I was advised that l can only apply for an extension after it has lapsed! No way am l doing that!  He said l could enter myself, but get this, l then have to apply for permission to leave!!!

I don’t get it, l don’t want to travel without my family, they don’t want me there so why not give a blanket extension?

 

Plenty of people have quarantined with very young children and often with more than one child.

[Elizabetty]

If a global pandemic isn’t a sufficient reason for leniency for missed activation dates I don’t know what is...  especially as guidance on this has already been published for other visa types. 
If you aren’t ‘move ready’ and just need to activate, the travel caps and quarantining situation makes this incredibly difficult particularly where you are a family with young children, not everyone can cover the cost of business class flights and then quarantine costs because of a system which is unforgiving, these costs are now stacking up to be almost as much as the visa itself.
I think there should be more understanding of the situation people find themselves in 

[Marisawright]

28 minutes ago, Elizabetty said:

If a global pandemic isn’t a sufficient reason for leniency for missed activation dates I don’t know what is...  especially as guidance on this has already been published for other visa types. 
If you aren’t ‘move ready’ and just need to activate, the travel caps and quarantining situation makes this incredibly difficult particularly where you are a family with young children, not everyone can cover the cost of business class flights and then quarantine costs because of a system which is unforgiving, these costs are now stacking up to be almost as much as the visa itself.
I think there should be more understanding of the situation people find themselves in 

Yes, there are plenty of other obstacles. That’s why I am saying that offering “I don’t fancy two weeks in quarantine with a toddler” isn’t the best choice for a justification, especially when so many other people are managing it

[Nemesis]

15 hours ago, Das17 said:

Hi, in the same boat, need to enter by jan 2021. Called them today and explained it was impossible to quarantine in a room with a two year old for 2 weeks. I was advised that l can only apply for an extension after it has lapsed! No way am l doing that!  He said l could enter myself, but get this, l then have to apply for permission to leave!!!

I don’t get it, l don’t want to travel without my family, they don’t want me there so why not give a blanket extension?

 

its not just you. Everyone wanting to leave has to apply for permission, and many will never be granted it. 

[Tulip1]

12 hours ago, Toots said:

Plenty of people have quarantined with very young children and often with more than one child.

Exactly what I thought. There’s a big difference between it will be hard work and not much fun as opposed to it will be impossible. 

[Elizabetty]

1 hour ago, Tulip1 said:

Exactly what I thought. There’s a big difference between it will be hard work and not much fun as opposed to it will be impossible. 

Which it why it’s not suitable solely  for an activation trip, nor should a government which is desperately trying to restrict arrivals be asking people to still make the trip. It’s clearly counter intuitive but my Aussie husband isn’t surprised by the bureaucracy.
 

Beside the health risks to ourselves and others  it’s financially impossible for most families unless emigrating. I need to activate my visa by Jan,  even if I could afford to pay business class to boost my chances of getting a seat on one of the limited flights  and afford the quarantine fees I still can’t be away from my kids for over two weeks also bear in mind that anyone returning to the uk that transits through a high risk country has to quarantine at home for 2 weeks... that’s at least a month off work. 
 
 

 

[MacGyver]

With regards the quarantine costs, I believe that it is billed to you after you leave and payment plans can be set up if experiencing financial difficulty. I think that was in Qld so would be worth investigating other states rules around this. It doesn't help with your other issues but at the very least might remove one of the concerns you mentioned (high up front costs).

Unfortunately having a young child in quarantine goes with the territory these days. My brother had to quarantine in New Zealand recently with two kids under 5 and although tricky, found it easier than they expected.

Pets are still being shipped but with significant reductions in flights available. If they have to wait a bit beyond your own flights, you could leave them with a friend until a flight can be secured. Many companies offer pickup and drop off services to get them to the airport etc.

Good luck with whatever you decide and hope your mum is ok.

[Guest]

Hi all, thanks for your replies, 

I did call back and they gave me the same information which is that there is no process to extend the entry date, besides letting it lapse and appeal.

She also said that they would only consider the appeal if you had extenuating circumstances. She couldn't confirm that the global pandemic itself was enough because 

1) it is possible to get flights (albeit they are limited) and

2) It is possible for residents to enter the country. Quarantine is essential and so perhaps not a good enough reason itself to not make the visa entry date. If we didn't make it because of this - it would be because we are 'choosing' not to go by the date.

Unless there is some other extenuating circumstances.

My mother is very unwell and I am a registered carer for her and so I wonder if that is circumstance enough..its just so hard to know because it would mean taking such a big risk to let it lapse before finding out if it is a 'good enough' reason for delaying. 

Even if I did move over before my entry date - I would HAVE to be able to fly back if she deteriorated. And then I am assuming would need to pay for quarantine all over again...

Its a nightmare situation.

I wonder if there is a way of finding out if anyone else has had their visa lapsed and made a successful appeal? Any ideas?

I did think about taking it higher, not sure how...

[Marisawright]

13 hours ago, EsBear said:

I wonder if there is a way of finding out if anyone else has had their visa lapsed and made a successful appeal? Any ideas?

I did think about taking it higher, not sure how...

I've known people appeal for other reasons (pre-Covid) and the appeal process  takes months or even years, so even if someone had appealed already, they wouldn't know the outcome.

It is a nightmare situation but I don't think there's any point in taking it further.  The government is well aware of the problem.  It has issued special letters to holders of skilled visas (189, 190, 491 etc) to exempt them from needing to arrive by their first date. As long as they enter by the final date on their visa, they'll be fine. They haven't issued such a letter to holders of partner visas, parent visas, carer visas, or any temporary visa holders.  Prime Minister Scott Morrison is on record as saying that any temporary visa holders whose visas expire will just have to apply all over again.

 In fact, there are thousands of existing temporary visa holders (TSS and partner visas) stuck overseas - people who had already made their move to Australia, but had to go home for whatever reason.  These are people who have already made their home in Australia, and have a job to return to - yet their repeated applications for exemptions are being consistently denied.