Visitor Visa Condition 8558 Confusion

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Visitor Visa Condition 8558 Confusion


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  #1 (permalink)  
Old 01-11-2019, 02:57 AM
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Dear Friends

Sorry if that has been asked here before but somehow i couldn't understand the way i need to count the days....So please help with simple formula.... Appreciate all.

Hope you all are good. Here I need a big help from experience people in regards to understanding of Visitor Visa condition of 8558.

My Mother got 3 year Visitor visa (600) with condition of 8558 means can't stay more than 12 months in 18 months total. She got her visa on 21/09/17, made
First entry on 9th Nov 17 till 05 Feb 18..
Second Visit 26 April 18 till 27 Sep 18.
Current Visit 11 Dec 18- Till Now

Are she still under Visa condition of 12M/18M? How long can she stay this time?(Exact Date if Possible)


I am planning to call her back on September this year so will it be okay? If yes, then how long can she stay with us then?

Very Very Confused & can't think more.

Please help to calculate her stay in better way?

Thanks

Krazzy


Last edited by Krazzy10; 01-11-2019 at 03:14 AM.

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Old 01-11-2019, 07:11 AM
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The exact date changes every day - to work it out for you would take a fair amount of time.

At a quick look
it looks under 12 months now, and you will be fine for a while - but sort it out before 11 Feb as that is when it gets trickier.


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Old 01-11-2019, 07:47 AM
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Quote:
Originally Posted by ampk View Post
The exact date changes every day - to work it out for you would take a fair amount of time.

At a quick look
it looks under 12 months now, and you will be fine for a while - but sort it out before 11 Feb as that is when it gets trickier.


Hi...Thanks for reply. Why its till 11 Feb? What i was thinking that shw live with us this time till 9 April but your reply more confused me. May i.know how you have calculated this pls?
Thanks


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Old 01-11-2019, 08:07 AM
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My quick maths agrees that early April is fine. I’d be interested to see the logic around 11 Feb as well.

Don’t cut it so fine that “exact dates” become an issue - build in some contingency for unforeseen events.

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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.

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Old 01-11-2019, 08:23 AM
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Quote:
Originally Posted by paulhand View Post
My quick maths agrees that early April is fine. I’d be interested to see the logic around 11 Feb as well.

Don’t cut it so fine that “exact dates” become an issue - build in some contingency for unforeseen events.

Hi Paulhand

Appreciate your revert. I was thinking she stay with us till 9th April & wanted to book her return on 4th April. Id that okay? Will that be under 12M/18M condition? Bcz looks to me her first round of 18M finish on 8th May as she first entered 9Th sep 17.. May i pls ask when she can come back again to be on safer side?
Thank you


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Old 01-11-2019, 09:24 AM
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Arrival on 11 DEC so only going back 18 months from then.

My understanding is they are "months" not 28,29 (on a leap year),30 or 31 days. So any part of any month is a month. So in short a visit to Australia for one day in April and then leaving in May the following day, can be counted as two months in that 18 month period.

And it was a brief look and as Paul (a registered Migration Agent) has made comment he might be able to confirm or deny that is how they calculate months.

* but the months between the 18 months (part months) are counted as full months - but the day of 18 months ago and "today" are not. So is someone left in the 18 month ago on the 9th it would not count as a month - but if they left on the 12 it would count.

All discussion on this forum is play it very safe.

Paul happy to be corrected as you have much better info than me, but I think months are things such as Jan and Feb - but memory is fuzzy if that was a thing I saw or was read/told by a non official source.

P.S I hope your continual good posting is rewarded by this forum


Last edited by ampk; 01-11-2019 at 09:34 AM.

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Old 01-11-2019, 11:10 AM
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Quote:
Originally Posted by ampk View Post
Arrival on 11 DEC so only going back 18 months from then.

My understanding is they are "months" not 28,29 (on a leap year),30 or 31 days. So any part of any month is a month. So in short a visit to Australia for one day in April and then leaving in May the following day, can be counted as two months in that 18 month period.

And it was a brief look and as Paul (a registered Migration Agent) has made comment he might be able to confirm or deny that is how they calculate months.

* but the months between the 18 months (part months) are counted as full months - but the day of 18 months ago and "today" are not. So is someone left in the 18 month ago on the 9th it would not count as a month - but if they left on the 12 it would count.

All discussion on this forum is play it very safe.

Paul happy to be corrected as you have much better info than me, but I think months are things such as Jan and Feb - but memory is fuzzy if that was a thing I saw or was read/told by a non official source.

P.S I hope your continual good posting is rewarded by this forum

Hi ampk
Appreciate your reply. So does it mean even 5 days of feb will be considered as whole month?
It simply mean, if she arrives first in Nov 2017 & went back in feb irrespective of dates, i count those now as 4 months?
Second visist end of April 2018 till Sep end 2018 so full 6 months? And now Dec 2018 so she only can stay 2 months. Right? Clear my doubt here?
Thanks Again


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Old 01-11-2019, 11:45 AM
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Quote:
Originally Posted by Krazzy10 View Post
Hi ampk
Appreciate your reply. So does it mean even 5 days of feb will be considered as whole month?
It simply mean, if she arrives first in Nov 2017 & went back in feb irrespective of dates, i count those now as 4 months?
Second visist end of April 2018 till Sep end 2018 so full 6 months? And now Dec 2018 so she only can stay 2 months. Right? Clear my doubt here?
Thanks Again
My understanding is yes 5 days of Feb is a month to be counted - unless it is an arrival or departure month (then it as on the day but only on the 12 in 18 rule)


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Old 01-11-2019, 11:48 AM
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Quote:
Originally Posted by ampk View Post
Quote:
Originally Posted by Krazzy10 View Post
Hi ampk
Appreciate your reply. So does it mean even 5 days of feb will be considered as whole month?
It simply mean, if she arrives first in Nov 2017 & went back in feb irrespective of dates, i count those now as 4 months?
Second visist end of April 2018 till Sep end 2018 so full 6 months? And now Dec 2018 so she only can stay 2 months. Right? Clear my doubt here?
Thanks Again
My understanding is yes 5 days of Feb is a month to be counted - unless it is an arrival or departure month (then it as on the day but only on the 12 in 18 rule)
Yes.. She left Australia first time on 5 Feb after almost 3 months of arrival on 9Th Nov 2017..
So do.i.count it as a month too?
Thanks


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Old 01-11-2019, 11:53 AM
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My understanding is yes that is a month - but best get Paul or another Registered Migration Agent to confirm.

I am out of date and had some Friday beers.


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