189 granted while I am in Australia, next step?

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

189 granted while I am in Australia, next step?


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 12-15-2017, 12:36 PM
Junior Member
 
Join Date: May 2016
Posts: 3
Users Flag! From hong_kong

189 granted while I am in Australia, next step?

Hello all,

My wife and I applied for 189 visa earlier this year and we just got our grant notice today (Initial Entry Date set to 03 Jan 2018). I am wondering what should be the next step for both of us:
  1. My wife is a student in Sydney university, she applied the visa onshore and she is physically in Australia at the moment. Is it true that her 189 visa automatically gets activated and replaces her current student visa? Does she need to leave Australia and enter again before 03 Jan 2018 to validate the 189 visa ?
  2. I myself is on 600 tourist visa and I left Australia a few days before the grant notice arrives. Though the grant notice says the IED is 03 Jan 2018, I do get a separate letter from DIBP which says:
    Notice to General Skilled Migration visa holder(s) about travelling in breach of visa Initial Entry Date for a SI (subclass 189) visa.The grant of your General Skilled Migration visa included the following visa condition: "8504 - The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister." This condition requires that an initial entry into Australia by each visa holder be made before the date specified in the visa grant notice provided to you when your visa was granted. General Skilled Migration is aware that you and/or your family members who were granted a visa as part of your application may not comply with this condition. Failure to comply with visa conditions can render a visa liable for cancellation under the Migration Act 1958 and visa holders are encouraged to make their first entry by the initial entry date. General Skilled Migration, however, has no objection to visa holders travelling to Australia in breach of condition 8504 and will not seek to cancel a visa where the only reason for doing so would be the breach of this condition.
    I am a bit confused of this letter, should I enter Australia before Jan-03? or it does not matter since Skilled Migration has no intention to exercise their right to cancel my visa?

Thanks,
Xinchao


  #2 (permalink)  
Old 12-16-2017, 03:12 AM
Senior Member
 
Join Date: Jul 2014
Location: Perth, Australia
Posts: 3,340
Users Flag! From australia

682 likes received
239 likes given
It is a confusing letter. With DIBP penchant for changing the rules whenever they want I would not be happy about trusting them to not cancel your visa.

Your wife is already in Australia. The 189 visa has already superceded her student visa. As long as you come back by 3 January 2018 you will not have any problem entering.

__________________
Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
MARN 0107902

[email protected]

http://4australianvisas.com

Closed Thread

Tags
189, 189 first landing, 189 visa, 189visa

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
189 Visa Invitation Delay - next step franksobotka Visas and immigration 1 05-30-2017 05:53 AM
Step by step family visa guidance required please adeel3878 Visas and immigration 5 04-23-2017 03:52 AM
Step by step family visa guidance required please adeel3878 Travel questions 1 04-22-2017 10:08 PM
Step by Step to obtain a Work Permit or State Sponsership jra Visas and immigration 0 12-03-2013 04:56 PM
Want to know about the step by step checking done by DIAC for 176 Visa hellorajshahi Visas and immigration 1 08-03-2010 12:23 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 08:55 PM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com