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Scoote

Can I still emigrate to Australia?

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Hi, 

My family and I were granted our visas (189 for me) almost 2 years ago, and we had planned on emigrating at the start of 2021 from the UK to Australia. However, due to Corona Virus and travel restrictions in place does anybody know if you can still travel to Australia or must you have an exemption to be able to enter? I am trying to work out our timeline for moving and could push back the move till Summer 2021, however, I am still uncertain whether we would be allowed in unless I can secure a Travel Exemption. My working visa is based on me working as a Civil Engineer. 

I have researched the immigration website and can't find any clear answers or contact details so that I can ask the question. Furthermore, we need to have moved to Australia by October 2021 so that we can ensure we have lived in Australia for 2 out of the 5 years the visa is valid so we can more easily apply for a resident return visa after that date, hence why I am concerned about how our planned move to Australia will go now.

I'd be grateful for any advice if anybody else is in a similar position and has found the answers I was unable to.

Many thanks,

Sarah

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If you hold a 189 visa then you do not need an exemption to bring your family to Australia (assuming you have already activated your visas)

Edited by Marisawright

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

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Hi there,

Thanks for your reply, yes we activated our visas last year, but I wasn't sure whether there was still a block on entering Australia due to corona virus.

Ta

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3 minutes ago, Scoote said:

Hi there,

Thanks for your reply, yes we activated our visas last year, but I wasn't sure whether there was still a block on entering Australia due to corona virus.

Ta

There is a block on visitors but if you and your family hold a 189 visa then you are allowed to enter


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

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47 minutes ago, Scoote said:

Furthermore, we need to have moved to Australia by October 2021 so that we can ensure we have lived in Australia for 2 out of the 5 years the visa is valid so we can more easily apply for a resident return visa after that date, hence why I am concerned about how our planned move to Australia will go now.

As Marisa says, you do not need an exemption, but you would need to actually find a flight and quarantine at the moment. I wouldn't let the RRV situation unduly concern you, as you only need one if you need to leave Australia after the 'must not arrive after' date on your 189. If you are living and working in Australia, even with less than 2 years, you should be able to show substantial ties.

 

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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Thanks everyone, that's a relief. Hopefully the situation will be improved in the New Year to enable us to plan with confidence our emigration 😀

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I was just coming on to ask the same question @Scoote Thank goodness we're still able to travel. We were beginning to panic and couldn't find a clear answer. 

 

Just gotta hope that our flight booked for January actually takes off and we find a job! Ahhhh scary!

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16 hours ago, Actonbellew3 said:

I was just coming on to ask the same question @Scoote Thank goodness we're still able to travel. We were beginning to panic and couldn't find a clear answer. 

 

Just gotta hope that our flight booked for January actually takes off and we find a job! Ahhhh scary!

Be aware that economy flights are often bumped off at the moment, often at short notice. Because Australia has a strict limit on people being able to enter, if a flight has too many, it bumps economy in order to fly business and first. 

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On 08/09/2020 at 11:49, Marisawright said:

If you hold a 189 visa then you do not need an exemption to bring your family to Australia (assuming you have already activated your visas)

You don't need to have activated your visa either for this to be true if you were unable to meet the activation date due to Covid

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1 hour ago, Ausvisitor said:

You don't need to have activated your visa either for this to be true if you were unable to meet the activation date due to Covid

The OP got their visa two years ago, so their activation date was long before Covid and therefore they couldn't use Covid as an excuse.

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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

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On 08/09/2020 at 11:49, Marisawright said:

If you hold a 189 visa then you do not need an exemption to bring your family to Australia (assuming you have already activated your visas)

1 hour ago, Ausvisitor said:

You don't need to have activated your visa either for this to be true if you were unable to meet the activation date due to Covid

 

7 minutes ago, Marisawright said:

The OP got their visa two years ago, so their activation date was long before Covid and therefore they couldn't use Covid as an excuse.

 

Just to be pedantic - you don't need to have 'activated' a permanent visa to be a 'permanent resident' for travel exemption purposes, whatever the reason for not having activated it. The Initial Entry Date is a different issue ...  


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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25 minutes ago, paulhand said:

Just to be pedantic - you don't need to have 'activated' a permanent visa to be a 'permanent resident' for travel exemption purposes, whatever the reason for not having activated it. The Initial Entry Date is a different issue ...  

That's exactly what I said, except that I wasn't sure of fhe correct terminology.  Their Initial Activation Date would have been well before Covid restrictions came into effect, so they could hardly use Covid as an excuse for failing to make initial entry by the due date.


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

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1 hour ago, Marisawright said:

That's exactly what I said, except that I wasn't sure of fhe correct terminology.  Their Initial Activation Date would have been well before Covid restrictions came into effect, so they could hardly use Covid as an excuse for failing to make initial entry by the due date.

Hi Marisawright.

We are worried about the initial date entry aswell, have the goverment come out and said they are going to extend the dates due to covid.

We are supposed to arrive into australia by january 28th 2020, we have had our flights cancelled twice and they are now saying it probably wont be until feb or march but thats just an estimate.


143 visa lodged 4.10.15

heading to the sunshine coast (caloundra)

extra documents requested 18/7/2019

aos submitted 25/7/2019

police checks completed  1/9/2019

form 80 completed 3/9/2019

medical taken 7/9/2019

aos submitted 2.12.19

aos accepted 8/1/2020

2nd vac request 23.1.2020

2nd vac paid 27.1.2020

visa granted 28.1.2020

Fly to brisbane december 28th (hopefully) That was cancelled.

New flight booked for 16.1.2021 (fingers crossed)

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1 hour ago, kimboslice said:

Hi Marisawright.

We are worried about the initial date entry aswell, have the goverment come out and said they are going to extend the dates due to covid.

We are supposed to arrive into australia by january 28th 2020, we have had our flights cancelled twice and they are now saying it probably wont be until feb or march but thats just an estimate.

No they haven't in a blanket way - except for some skilled visa holders - but they are saying that you can apply for a 'facilitation letter', which is basically the same thing, once you have travel plans and you are either about to miss, or have missed, your IED. 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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