Question of the Week
What to do after getting permanent residency (PR) in Australia
Category: No Category
Question asked
I have a question regarding Permanent Residency for my family in Australia. I am the primary applicant for PR and I and my family received PR in Sept 2017 and it's valid till Sept 2022. We have been given July 17th 2018 as the date by which we have to make our 1st entry. I have already made my 1st entry in Dec 2017, however my Wife and minor child are yet to make their 1st entry.
My question is, if they can't make their 1st entry by July 17th 2018 what will happen to their PR? As a primary applicant I am planning to relocate to Australia in early 2019. When I am relocating, can they join me or do I need can I reapply PR for them? If there is any way to extend the 1st entry date, any option to reinstate PR.
Answer provided by Migration Agent
Dear Gu,
A visa holder with Condition 8504 attached must enter Australia before the date that is specified on their visa grant notice. This is usually found on visa grant notice under the “must not arrive after” date. If you breach the condition 8504, the visa may be canceled under the Migration Act 1958 but you will need to contact DOHA for advise.
However, If the visa holder has met some unforeseeable and unavoidable circumstances and initial entry date has passed, DOHA would be able to provide advise on if their visa will or not be canceled based on the circumstances.
In your case, as you are already in Australia and you have satisfied condition 8504 and your family have not, consideration will be given to Australia’s international obligations in the Convention on the Rights of the Child and the family unity principles in the International Covenant on Civil and Political Rights when assessing if the visa holder who has breached Condition 8504 should have their visa cancelled.
Your Migration Agent
-------- Request for Clarification ------------------
Thanks for answering. I still have clarifications.
For my spouse, I see below details in the visa approval letter. Please clarify if she can enter Australia after July 18th 2018. If not what process we have to follow to get it reinstated? Please elaborate and send some documents or links regarding that.
Must Make First Entry to
Australia Before
18 July 2018
Must Not Arrive After 25 September 2022
Stay Period Indefinite from the date of each arrival
Travel Facility Multiple
Visa Conditions NIL
-------- Clarification from Migration Agent ------------------
Your spouse must enter Australia before July 18th, 2018 (Initial Entry Date). This date can not be changed or extended.
Visa holders are expected to comply with visa conditions and failure to comply with a visa condition may render the visa liable for cancellation under Section 116 (1) (b) of the Migration Act (1958). As a matter of policy, migrants visas will be canceled where the visa holder breaches the initial entry condition unless exceptional and compelling reasons have prevented them from complying with the condition.
Please note that: if a person tries to enter Australia in breach of a visa condition they may be refused entry.
If your spouse cannot enter Australia before 18th July 2018 then you will have to contact DOHA once this date has passed with all your supporting documents.
and If your spouse's visa is canceled then you may have to reapply.
Thank you for using Ask-An-Agent. If you need further services from myself or a registered migration agent, please contact Amy at amy.jacobson@ask-an-agent.com.au - and don’t forget to mention your Question ID so that I can keep providing immigration services to you.
Migration Agent
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