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.
Great post! I was just looking for information about visas for Australia!
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
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)
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
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)
Dear Mege,
This information is very helpful. Thank you very much for your assistance and guidance.
Yvonne.
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
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?
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)
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?
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
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
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.
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
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
Thanks Mege,
That was quick and appreciate the insight. Cheers
Hanish
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
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?
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.
Hi, I have a question for any recent 175 applicants. When was your visa approved, and how much time did you have between the approval date and the initial entry date?
I have submitted my medical records and criminal background check, and am a little worried I’ll have to get to Australia 2-3 weeks after I hear about approval.
Any experience is appreciated!
Hello,
Your initial entry date is usually the 12 month anniversary of the date you did your medicals or police clearances (whichever you did first).
Kind regards,
Mege Dalton
Australian Migration Agent (MARN) 0501113
Guys Need help!!!!!!!!Urgent !!!!!!
I have got sub class 175 Visa along with my wife and my initial entry date is 9th Feb 2011. 2 days back i have got good news that my wife is pregnant and its already 42 days .
What should i do ? As i have planned to travel Australia on Aug 2010. If my wife does not travel before initial entry date . Will it create any problem with her Visa .
Rajat,
I responded to the email you also sent me regarding your enquiry.
Kind regards,
Mege Dalton
MARN 0501113
I have PR with BN CLASS 136 SMV made my initial entry in aug 2008 but left after 15 days and came back after 2 years ie in 2010 can I apply for citizenship after one year or I need to complete all 4yrs to apply for citizenship.awaiting your response
Hello,
To be eligible to apply for Australian citizenship requirements, an applicant must have been a resided for 4 years in Australia as a lawful resident and for continuous period of 12 months prior to the application they must have been a holder of an Australian permanent residency visa.
Kind regards,
Mege Dalton
Australian registered migration agent (MARN ) 0501113
Hi
My ex-husband has obtained a BN 136 independent with my son (21 years old) as a secondary applicant. Will my son be able to go to any Unis in any states and be eligible for any sort of benefits?
Hi Mege,
Just a quick question. We are presently waiting for my husband’s permanent residency in New Zealand to come through but myself and my two year old daughter’s visitor’s visas expire on Sept 11, 2010 and we have to leave. I’m seven months pregnant and a US citizen and so is my little girl. Can I come for a holiday to OZ to wait and see if my husband’s PR comes through in NZ? If so, for how long would I be admitted? Are there laws forbidding/permitting having a baby in AU if I pay for it, should we not find out soon enough on my husband’s application? I wouldn’t be going for the baby to get an AU passport. He would have a US one done immediately. I have been in NZ for about nine months now so I would have to wait another nine months before I can go back. I would go to Canada or the US after the baby is born but I’m not able to travel that far to get to Hawaii by plane at this stage.
ฉันได้ยื่นใบสมัครวีซ่าถาวรออสเตรเลียไปเมื่อ 2 เดือน ก่อนหน้านี้ และได้มีการสัมภาษณ์เรียบร้อยแล้ว แต่ยังขาดเอกสารจากสปอนเซอร์ต้องรอจากสถานีตำรวจแห่งชาติ และต้อนนี้ดิฉันได้ตั้งครรภ์ 7 เดือน ฉันกลัวว่าถ้าวีซ่าได้รับการอนุมัติจะมีปัญหาเกี่ยวกับการคลอดบุตร ดิฉันจึงตัดสินใจคลอดที่เมืองไทย แต่กลัวว่าถ้าคลอดบุตรแล้วต้องสมัครวีซ่าใหม่หรือไม่เพราะดิฉันจะนำบุตรไปอยู่ออสเตรเลียด้วย?และหลังจากวีซ่าอนุมัติแล้วเราสามารถอยู่เมืองไทยได้กี่เดือน?
Where can i find your rss? I cant find it
Hi Mege,
Thank you for the very informative post.
I was just recently granted a subclass 175 visa and my IED is June 15, 2011.
I plan to travel to Australia for a short holiday in order to satisfy the initial entry condition. My concern is, how long should I stay in Australia i.e. is there any minimum stay requirement for the initial entry ? Thank you.
Hi there, just foud your post and am really impressed! lots of great answers,
our situation is a little complicated, hope you can help!!
we are currently living and working in Australia on a subclass 176 skilled migration visa, we have a daughter who was 17 at the time our family visa was granted, she returned home to the uk after a short stay in australia to validate her visa. (we also have three younger children who are living with us.) two years on and our 19 year old daughter wishes to return, but has just found out she is pregnant.
how will this affect her? will she be able to give birth to the child in Australia? will she be asked to leave? any answers would be greatly appreciated!
many thanks. lorraine and family
Finally I got my VISA grant letter, visa is granted for me and my family,
my visa is approved for 176 State sponsored by South Australia. I am now
Post graduate student of Nottingham University, UK. My course is M.Sc
Electrical Technology for Sustainable and Renewable Energy Systems . I
need one year for complete my course. My last initial entry date is 30th
November 2010. From here (UK) I found Perth ticket (by Royal Brunei
airlines) is cheaper then others. So I booked ticket for me and my
family from UK to Perth for visa validation tour. And we will stay Perth for only two days.
Is Perth immigration will allow us as we are sponsored by South Australia?
Is it ok for us if we validate our visa from Perth airport (as we sponsored by SA)? Is it lead any
problem next time when I come again Adelaide for living permanently
complete my course after one year?
Hope you help me from this puzzlement.
Waiting your soonest reply.
Thanks
Arif
I got permanent resident under subclass BN 136 in sept 2008. How long i have to stay in australia for continue my PR or getting citizenship.I have been lived in australia on student visa from may 98 to feb 2002. Can i get any benefit of that stay for continueing my PR.
THANKS
hi, i am currently in au, i have been told by immi i cannot get a onshore application, as i have not completed 2 years study,(i did a rpl trade course at tafe,painter, i have 7 years exp from uk and soon il have the trade recognition from tra)
they have told me i have to apply for a 175 offshore,and i have to leave au to apply, can i re-enter au on a tourist visa while the 175 is being processed, or as a student.
I am an Australian citizen living in the UK. Our baby was born here so until we get word of her application for Australian citizenship she will travel on her British passport. We are flying back to Australia for a months holiday and I assume my husband can use his New Zealand passport without organising a visa prior to traveling but I am not sure about my baby. Does she need a visa or any paperwork in order to go with us to Australia for a month’s holiday?
Hii…….. visa subclass 176 granted for our family. our IED is 07th February 2011. My question is Can’t we stay Australia permanently at our initial entry or do we have to come back and plan for the next visit.
Manjula
Sri Lanka
Hello Mege,
I have a Visa Grant 175. My initial date in May 2011. I just want to know, is the entry at airport is enough as landing process? Or do I have to process some documents as well (like the tax file number, Medicare and Centerlink)?
And if I have to process them, if I go there for a week? Is it enough?
Your help is much appreciated. Thank you.
AmjadS
I am finishing my teaching degree in 6 months and my husband ,two children and I our interseted in moving to Australia. What advice can you give us?
Thanks,
Emma Harkin.
I’m current own subclass 136 OZ PR visa with initial entry May 2012.
My question is that. As OZ PR visa holder. Would I be able to go to NZ and work and still be allowed to come to OZ after May 2012 OR do I need to get multiple visa/Re-entry visa for OZ before I move to NZ for work?
Hope you will be able to answer my question. I really need to make decision in relation to a job in NZ. (I also have 2 sisters in NZ 1 is PR of NZ and the other one is Student will this be advantage to my side?)
Please help me with this. I really want to get this job in NZ.
Hope to hear from you.
Costa
Hi Mege,
I was reading all the information you have been providing. I have a query.
“After the initial entry to Australia, in 176 visa category, can the secondary visa holder continue to stay and work in AU, while the pirmary visa holder exit Australia temperorily for six months?”
Joseph
Hello,
I have been granted PR Visa under class 176. My sponsoring state is WA. My visa notification says that ‘no speciic conditions are attached’ to my visa. So all I need to know is am I free to settle in any state in Australia or will I have to stay in WA for two years compulsarily? Please clarify. Thank you.
We have a Visa Grant 176 VIC for family of 3. Our initial date is by 8 Dec2011. I just want to know, is the entry at airport is enough as landing process in Melbourne? Or do I have to process some documents as well (like the tax file number, Medicare and Centerlink)? or we just visit and enjoy as holidays thre and come back? and do these formalities later when I move permanently…?
We are planning to visit Melbourne Australia in Oct 2011 for 2 weeks as holiday as I cannot resign from current job until feb 2012, so Iam taking break. We will vist Melbourne and Come to home country and then again after few months in 2012 I will move to Australia…Is that OK? I mean does this confirms that I have done validation and I can move to Australia again next time in 2012.?
Your help is much appreciated.
Thank you.
Kishor
Hi Friends,
My family (Me, Wife & my Kid) was issued a Skilled Independent Migrant Visa (VE 175) on 22-JUNE-2010 and our initial entry date was 18-FEB-2011. It is a 5 Years Multiple Entry Permanent Resident visa valid till 22-JUNE-2015 where in we can live in Australia indefinately.
I just needed to confirm something because I think it’s making me crazy. Our initial entry date was 18-FEB-2011 & we were not prepared for a immediate permanent move to Australia due to personal & professional commitments. In order to keep our visa’s active & to activate it, we planned for a week’s vacation to Melbourne and we travelled to Australia on 20-NOV-2010 & returned back to India on 28-NOV-2010. Have we met the “Initial Entry Date” requirements?
Now, I have decided to move to Australia in January 2012 as things are stable now. I just want to know whether I can go back to Australia on the same visa?
It would be really great if someone can advice me on this.
Regards,
Imran
Sometimes I will short ahead of FDA briefing documents, it is a viable strategy as Rocket sated.
Hi Mege,
My visa 173 was granted in 2009 with my all family. I alone visited Au in 2009 and validate my Initial entry and was planning to call my family after i get job. But 2009 was difficult time and there was no jobs. So went back to my home coury & due to finintial crisis i can not validate my family initial entry. Now i am in Au since last 6 month and have a good job and also paying Incom tax regularly.
Now i want to call my family in Au with me. what is the way to call them.
Your help is much appreciated.
Thank you.
Raj