189 granted while I am in Australia, next step?

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189 granted while I am in Australia, next step?

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Old 12-15-2017, 12:36 PM
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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?


  #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

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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]


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