mr luvpants Posted May 1, 2010 Share Posted May 1, 2010 Just to clarify something: We have the 176 visa stamps in our passports and my wife Lisa is the main applicant. Am I correct in saying that I will need a tourist visa if I travel to oz before Lisa has activated the visa. JOHN Link to comment Share on other sites More sharing options...
rammygirl Posted May 1, 2010 Share Posted May 1, 2010 NO Look at the stamp/letter does it say that she must enter first? If not then you can go in any order as long as you ALL go before the initial entry date on the 176 visa. Any visa you get may cancel any existing visa -so a tourist visa would cancel the 176. If she must enter first then that is the condition not sure if it can be altered. You all activate your own visas by entering Oz. Link to comment Share on other sites More sharing options...
mr luvpants Posted May 1, 2010 Author Share Posted May 1, 2010 Just checked and there is nothing about Lisa entering first. JOHN Link to comment Share on other sites More sharing options...
rammygirl Posted May 1, 2010 Share Posted May 1, 2010 Good then you use the 176 to enter, but everyone must still activate their own visa before the deadline. Enjoy............ Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted May 1, 2010 Share Posted May 1, 2010 Hi John The relevant provision to look out for is Condition 8502. 8502 states that: The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa. You will find the provision on Page 190 of the document below: http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrumentCompilation1.nsf/0/BB83FAC27418FFDBCA25770A001EA5CF/$file/MigrationRegs1994Vol6.pdf This Condition will not be attached to Lisa's visa because she is the main visa holder. If DIAC decide to impose the Condition at all, they impose it on one or more of the secondary visa holders. The secondary visa holders are you, obviously, and any dependent children who might be involved. Whatever happens, DO NOT even think about getting a Tourist visa of any description because the grant of a later visa will - in academic theory - cancel the sc 176 visa. People do make mistakes with this and the errors do get sorted out but it is easier not to make the errors in the first place. DIAC do not always impose Condition 8502. It is discretionary and practice at the ASPC varies. Some COs always impose it. Others rarely (if ever) do so. If it has been imposed on your visa, your visa label should have 8502 on it somewhere and it should be referred to in the letter confirming the grant of the visa. Does it apear anywhere, please? If yes, why might you want to travel to Oz before Lisa does so? This is a rhetorical question. Personally I am not interested in the reasons but if the Condition has been imposed then you would need to try to convince your original CO at the ASPC to consider granting a waiver of the Condition. Getting a waiver would depend on your reasons for wanting to enter Oz before Lisa does so. If the Condition has definitely not been imposed, it is too late for DIAC to impose it now. Personally, for safety, I would ask the ASPC to check and to make sure that it has not been imposed. However if it has not been imposed and you decide to enter Oz ahead of Lisa, you should use your sc 176 visa for travelling to Oz and you should not have any problems with entering Oz once you get there. Cheers Gill Link to comment Share on other sites More sharing options...
mr luvpants Posted May 1, 2010 Author Share Posted May 1, 2010 Hi Gill I have double checked and there is definitely no mention of 8502 on it any where. I will call them tomorrow night to check. Queensland police are taking about 8 months to process things and I am seriously thinking about going over for a week or two to do all the tests etc so that I can start as soon as I get there. JOHN Link to comment Share on other sites More sharing options...
mr luvpants Posted May 17, 2010 Author Share Posted May 17, 2010 Just got this back from DIAC: Dear Client, Thank you for your email in relation to your visa application under Australia's General Skilled Migration program. There are no conditions on your visas which prevent dependent applicants from making their trip into Australia before the primary applicant. In other words, your husband will be able to make his initial entry into Australia before you on the 176 visa that has been granted. Thank you. Yours sincerely, David E. General Skilled Migration Department of Immigration and Citizenship Link to comment Share on other sites More sharing options...
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