Activation of Partner Visa

[bearnova64]

I will soon be applying for a partner visa and if granted it gives 5 years to make the physical move, but out of interest what reasoning is behind having to make the trip to Australia within the first 12 months to activate the visa?  It seems an odd rule and just involves added expense for the applicant?

[FirstWorldProblems]

The activation trip isn’t by design, rather it’s a workaround for people who aren’t quite ready to move.  
 

Competition for visas to migrate to Australia is fierce - far more demand than supply and so they only want people making the application who are serious and committed, therefore you get a year from the grant to get yourself organised and make the move.  
 

For some (myself included) who need longer, they realise they can just make a visit to fulfil that requirement and return at a later date for the permanent move.  

[bearnova64]

13 minutes ago, FirstWorldProblems said:

The activation trip isn’t by design, rather it’s a workaround for people who aren’t quite ready to move.  
 

Competition for visas to migrate to Australia is fierce - far more demand than supply and so they only want people making the application who are serious and committed, therefore you get a year from the grant to get yourself organised and make the move.  
 

For some (myself included) who need longer, they realise they can just make a visit to fulfil that requirement and return at a later date for the permanent move.  

Ah I understand so after partner visa granted an activation visit needed within 12 months and the actual move no later than 5 years after the visa granted.

[FirstWorldProblems]

Yes that's right.   For advice you can rely upon I'd advise engaging a migration agent, but I can share my understanding of how it works based on my own partner visa experience.

You apply for a 309 and 100 together.  The 309 is issued as a temporary visa whilst the 100 is being decided.  Once the 100 is issued it supersedes the 309.  If like me you've been in a relationship for a long time and it's very easy to evidence, then you get the 100 straight away.

The visa grant letter sets our the conditions of your visa.  Amongst such things as your work rights there are some details on entry and stay

• It states when you must first enter by (normally 1 year from grant date). 
• It also states a data after which you must not arrive.  On mine (and what I believe is typical) this is 5 year from the grant date. 
• It says that I have unlimited travel until this "must not arrive after" date.
• It further states it says my length of stay is indefinite

So if you take all of these things together, then in my case (and what I believe is typical), I have a visa that allows me unrestricted entry and travel up to a certain date.  The visa itself never expires but my ability to re-enter the country does expire.   

As with the condition that you enter within 1 year of grant, the purpose of this is to weed out only the serious people.  They want us to have strong connections to Australia, to live there and be making a contribution to the country.  The idea is that you will have applied for and received citizenship within 5 years.

If for some reason you haven't been able to do that (perhaps because you didn't spend enough time in country yet to qualify) then you either don't leave the country until you do, or you obtain a Resident Return Visa.

Hope that helps.   If any of that is unclear let me know and I will try to clarify.

Edited November 3, 2023 by FirstWorldProblems

[Marisawright]

8 hours ago, bearnova64 said:

I will soon be applying for a partner visa and if granted it gives 5 years to make the physical move, but out of interest what reasoning is behind having to make the trip to Australia within the first 12 months to activate the visa?  It seems an odd rule and just involves added expense for the applicant?

For most applicants, it's not an added expense at all, because the great majority make the actual move within the 12 month window.  Most migrants are eager/impatient to make the move once they've made the decision to do so.  By the time their visa is granted, their plans and preparations are already underway, so 12 months is plenty of time to relocate.

The 5 year concession is a safety net for the minority who aren't able to make the move within the normal timeframe.

The explanation given to me was this:  in the past, when there were fewer conditions on visas, it became very common for people to apply for a visa "just in case", especially people from unstable regions.  They had no great desire to live in Australia but saw it as a safe haven if things went wrong in their own country.  That was obviously a great waste of Immigration's time.  Measures like insisting you show up within a year, and make the final commitment within 5 years, are ways of making sure you're not a time-waster.

I have to say, I wonder why you're applying for the partner visa now, when you seem so reluctant to make the move.  Why not wait until you genuinely want to move?  

 

 

[paulhand]

17 hours ago, bearnova64 said:

I will soon be applying for a partner visa and if granted it gives 5 years to make the physical move, but out of interest what reasoning is behind having to make the trip to Australia within the first 12 months to activate the visa?  It seems an odd rule and just involves added expense for the applicant?

The rationale is that medicals and police checks ‘expire’ after a year. Prior to Covid the first entry date was 12 months after the date of the earlier of these checks. They changed this to a blanket 12 months from grant during Covid and haven’t changed it back. Until you make a first entry to Australia on a visa you are open to it being cancelled if your circumstances change in a way that would have precluded the original grant (e.g. medical reasons). 

Edited November 4, 2023 by paulhand

[bearnova64]

On 03/11/2023 at 22:07, Marisawright said:

For most applicants, it's not an added expense at all, because the great majority make the actual move within the 12 month window.  Most migrants are eager/impatient to make the move once they've made the decision to do so.  By the time their visa is granted, their plans and preparations are already underway, so 12 months is plenty of time to relocate.

The 5 year concession is a safety net for the minority who aren't able to make the move within the normal timeframe.

The explanation given to me was this:  in the past, when there were fewer conditions on visas, it became very common for people to apply for a visa "just in case", especially people from unstable regions.  They had no great desire to live in Australia but saw it as a safe haven if things went wrong in their own country.  That was obviously a great waste of Immigration's time.  Measures like insisting you show up within a year, and make the final commitment within 5 years, are ways of making sure you're not a time-waster.

I have to say, I wonder why you're applying for the partner visa now, when you seem so reluctant to make the move.  Why not wait until you genuinely want to move?  

 

 

Thanks for the information and I am not reluctant in any way re moving, just wanted to know the reasoning behind the 12 months activation and thanks for explaining.

[bluequay]

Just think of it a bonus holiday in the country you have decided to move to. That's how I'm looking at it when we head over in December to meet my first entry by date. We won't be making the move proper until the end of next year.

[FirstWorldProblems]

2 hours ago, bluequay said:

Just think of it a bonus holiday in the country you have decided to move to. That's how I'm looking at it when we head over in December to meet my first entry by date. We won't be making the move proper until the end of next year.

unless like me your activation trip in December will be spent visiting your mother-in-law.....for the 'bonus' 20th year running   

Edited November 6, 2023 by FirstWorldProblems

[bearnova64]

4 minutes ago, FirstWorldProblems said:

unless like me your activation trip in December will be spend visiting your mother-in-law.....for the 'bonus' 20th year running   

[InnerVoice]

Just my opinion, but if you fall into the category of people who've been granted a visa but have never previously visited Australia then I think an initial trip is a wise idea, whether you could move out here within 12 months of the grant date or not. I know it's unlikely that anyone will come here on holiday and hate the place, but it does happen. There are also those who visit and have a great time, but don't see Australia as somewhere that will ever feel like home. After going to all the effort and expense of getting the visa no one wants to find themselves in that situation, but if you do then it's better to find out before you've sold up and shipped your whole life out here.

[bearnova64]

11 hours ago, InnerVoice said:

Just my opinion, but if you fall into the category of people who've been granted a visa but have never previously visited Australia then I think an initial trip is a wise idea, whether you could move out here within 12 months of the grant date or not. I know it's unlikely that anyone will come here on holiday and hate the place, but it does happen. There are also those who visit and have a great time, but don't see Australia as somewhere that will ever feel like home. After going to all the effort and expense of getting the visa no one wants to find themselves in that situation, but if you do then it's better to find out before you've sold up and shipped your whole life out here.

Excellent advice, but I have visited Australia several times.

[InnerVoice]

16 hours ago, bearnova64 said:

Excellent advice, but I have visited Australia several times.

I was aware of that, but I thought it might be helpful advice for anyone who hadn't 

[bearnova64]

9 hours ago, InnerVoice said:

I was aware of that, but I thought it might be helpful advice for anyone who hadn't 

I agree with you.