Initial Entry Date – Australian Visa Condition

Written By: Mege Dalton on June 2, 2009 19 Comments

When a skilled visa is granted the holder is required to first enter Australia by a particular date in the future. This is called the initial entry date and is linked to the expiry date of the health and character checks completed in the visa application process.

It is very important that the new visa holder enter Australia by the initial entry date, as this is a condition attached to the grant of the visa. It is not legally permissible for a DIAC case officer to alter this date following visa grant. If the person does not enter Australia by their initial entry date, the visa that has just been granted to them is liable for cancellation.

Let’s take an example:

Fred was granted a subclass 176 visa on 30 June 2009. In his approval notification his case officer, Ms Ling stipulates that he is required to first enter Australia by 1 September 2009. He recalls that his medicals were completed and submitted on 1 September 2008, so that’s how the date influenced his initial entry date.

He is worried that he won’t have sufficient funds to make a permanent and first visit by this date and requests that his case officer change the intial entry date. Ms Ling replies that she is very sorry but under no circumstances can she change the date.

Fred reassesses his situation and decides that rather than planning a permanent move by 1 September 2009, he will visit Australia for a 2 week holiday instead. He will then plan a permanent move later on when he has more financial resources to do so.

On 29 August 2009, Fred flies into Sydney Airport and goes through Australian immigration. As a result he activates his subclass 176 visa and satisfies the condition of the visa that he enter Australia by an initial entry date of 1 September 2009.

19 Responses to “Initial Entry Date – Australian Visa Condition”

BusinessVisa on: 10 June 2009 at 7:23 am

Great post! I was just looking for information about visas for Australia!
Shanmugam Banukumar on: 26 June 2009 at 12:23 am

Dear Mege Dalton,
Excellent information and illustration. Even I had applied for my class 176 (NSW sponsered visa). I had lodged my application in Aug 2008, for which I have the NSW sponsership approved in July 2008. My case officer was appointed in Feb 2009 and was instructed to go for the medicals and PCC. Even those things were over by april 2009. am still in the waiting period.
My question is, as you had said earlier about the initial entry period corresponds to the medicals validity, even my sponsership nomination is valid for 1 year..ie. it will get lapsed by july 2009. So what will be my status. please clarify..

thanks and regards
shanmugam banukumar
Mege Dalton on: 30 June 2009 at 4:51 am

Thankyou Shanmugam Banukumar, I’m glad your found the post informative.

There is no risk of your NSW sponsorship lapsing once you have lodged an actual visa application to the Department of Immigration. The one year validity would only apply if you had not applied for your visa yet and were just holding onto the sponsorship.

Kind regards,
Mrs Mege Dalton
Registered Migration Agent (MARN 0501113)
Yvonne on: 31 July 2009 at 5:41 am

Dear Mege,

I found your post extremely informative.

My IED is on 10 December 2009. However I have a problem of entering australia by that date because I am pregnant and cannot travel a long distance and my due date is on 16 Dec. My husband who is the primary applicant will be going to aussie for a week to satisfy the condition of his visa before December – however I am unable to accompany him and will be breaching my visa condition if I do not enter by such date – is there anything I can do to get this date extended or for the authorities to grant me some extra time?

many thanks and regards
Yvonne
Mege Dalton on: 31 July 2009 at 5:58 am

Dear Yvonne,

Thank you for your question.

Was your pregnancy relayed to the case officer during the processing of the visa application?

Ideally a request should have been made to the case officer to consider delaying the granting of the visa until you had given birth.

I really don’t think the date can be extended but given your circumstances your husband needs to contact the DIAC case officer and seek their guidance. If it can not be extended and your visa is compromised, you should be eligible to to be sponsored on a spouse visa application by your husband. Your new baby will also need to be sponsored by your husband for a child visa to enable them to migrate to Australia as well.

Kind regards,
Mrs Mege Dalton
Registered Migration Agent (MARN 0501113)
Yvonne on: 31 July 2009 at 12:29 pm

Dear Mege,

This information is very helpful. Thank you very much for your assistance and guidance.

Yvonne.
Mark Gaudence on: 7 August 2009 at 9:29 am

Dear Mege,

I found the exact answers to my search, thank you. I was planning to reach my case officer to request for an extension, now, I am sure that they cannot extend my IED which is on 28 Nov 2009.

I just think that my IED was set too soon. I was assigned a case officer last June 13, 2009 and I found out a month later that I have only five months to enter Australia. I cannot resign from my current job until January 2010 which is a problem for me, and If I should, it will really be too stressful- I just wish that the IED could be extended.

Thank you for having this website and more power.

Kind regards,

Mark
Tson on: 21 September 2009 at 5:31 am

Just a clarification,,, In the 176 sponorship decision/approval letter, it is indicated that once VISA is granted, applicant is required to “work & ive in the sponsoring state for a minimum period of 2 years from the first arrival date”… In your example above, you mentioned that “Fred made an initial entry, stayed for 2 weeks and left Australia again”,,, isn’t this a violation of the condition provided in the sponsorhip letter?
Mege Dalton on: 21 September 2009 at 4:08 pm

It is not a violation, you are permitted multiple entries under the subclass 176 visa.

Kind regards,
Mege Dalton
Australian registered migration agent (MARN 0501113)
Tson on: 22 September 2009 at 9:15 am

Hi Mege,

Thanks for the quick reply. The information that you are providing is really helping us a lot in understanding the correct migration process in Australia.

However if I may inquire further, how many months does a 176 migrant have in preparing/deciding to move permanently to the sponsoring state from the first arrival date (basing from Fred’s example above)? I understand that (as per the sponsorship approval letter), the 176 migrant is required to submit his address in Australia to the Skilled Migration Program and accomplish a “Settlement Survey” 6, 12, 18 and 24 months after arrival. How would these be handled if the 176 migrant (i.e. Fred) has not fully moved to Australia yet?
saeen on: 27 September 2009 at 11:08 am

dear all,,,

I have one question when you mentioned IE for 2 weeks,,, is it necessarily two weeks, or the IE stay is as short as 3-4 days,,,

135 MODL
MAHET on: 28 September 2009 at 6:20 am

DEAR SIR

I NEED UR ASSISTANCE,I AM THE PRIMARY APPLICANT TO AUSTRALIA AND MY WIFE IS THE SECONDARY APPLICANT..I AM IN AUSTRALIA PRESENTLY BUT DUE TO SOME REASONS MY WIFE SHALL NOT BE ABLE TO TRAVEL TO AUSTRALIA BEFORE THE INITIAL ENTRY DATE,IN SUCH CASE WHAT SHOULD I DO……IS THEIR ANY WAY OUT THAT LATER ON I CAN DO SOMETHING TO BRING HER TO AUSTRALIA

PLEASE ASSIST ME IN SUCH CASE.

REGARDS

MAHET
Andrej on: 30 November 2009 at 3:35 am

Dear Mege,
Thank you for posting the information! It is very helpful.

Dear Yvonne!
We have the same situation as you – my wife became pregnant after we had been granted 175 visas, and the expected birth date is beyond the IED. I wonder, whether you have contacted your case officer and what was his/her the answer?

Thank you in advance.
Andrej.
Hanish on: 8 December 2009 at 5:51 am

Hi Mege,

My sister is the primary applicant and will arrive just before the IED. Meanwhile, is it possible that her spouse make the entry earlier without her? Thanks
Mege Dalton on: 8 December 2009 at 8:07 am

Hello Hanish,

Your sister must be the first visa holder to enter Australia. Her spouse can not enter Australia before her as it would jeopardize the new visa status. If they can travel to together to activate their visas that would be the ideal situation.

Kind regards,
Mege Dalton (MARN 0501113)
Australian Registered Migration Agent
Hanish on: 8 December 2009 at 3:14 pm

Thanks Mehe,

That was quick and appreciate the insight. Cheers

Hanish
Sutha on: 23 December 2009 at 7:18 am

Hi
i am 176 Western Australia state sponsored , Plan to validate the visa before by staying 2 weeks holiday before the IED.

It is mandatory to make the first visit to Perth or we can spend the 2weeks anywhere in Australia

Thanks
Alex on: 24 January 2010 at 10:06 am

HI,

My name is Alex and our family of four (wife, myself and two kids) have been grabted a 176 visa with my wife being the primary applicant.
Our IED should be before the 18th of June 2009 as per the visa.
I am required to go to Australia as part of my official work and to meet the initial entry criteria, plan to do this along with the family.
Is this okay?
Alex on: 24 January 2010 at 10:07 am

sorry that i did not mention that I plan to travel in February much before the IED and just stay in Australia for few weeks before I come back to my native country and then plan for my permanent move to Australia.