First entry date to Australia and why you should not miss it
Congratulations! You worked hard, waited long and you have been granted a permanent visa to Australia. Each visa has it is own conditions that you have to comply with. One of them is the first entry date to Australia which requires you and your family members to come to Australia by a certain date. Why and what if the date is missed? This blog will answer these questions and explain what to do.
First Entry Date- initial entry required
A permanent visa will usually have a date for: ‘first entry, arrive by’ which is a mandatory condition that needs to be complied with. This can be 12 months from the date of the grant letter or sometimes shorter than that. You should ensure to come to Australia before that date because otherwise it is a breach of this condition.
The first entry date should not be confused with ‘must not arrive after’ as this is your travel facility in and out of Australia for 5 years from the grant date and independent from your initial entry. Although the travel facility allow travel in and outside of Australia for 5 years, there is no legal power to amend the initial entry date visa condition if it is missed.
Why is the first entry date imposed?
Generally, the department imposes a first entry date for you to come to Australia to ensure that the police and health checks are still within their validity period. If they expire and you have not yet travelled to Australia, you may have to provide new police clearances and undertake a new medical examination.
What if I missed the first entry date?
Missing the first entry date may lead to the cancellation of your visa. This cancellation is up to the Department in Australia, i.e. discretionary in nature.
The Department will first consider exceptional and compelling reasons that have prevented you or your family from entering Australia on the required date. For example, the Department will give more weight to reasons that have an element which is outside the control of the visa holder. Other factors they can generally consider at immigration clearance in particular include:
- Whether you or your family contacted an overseas post before travelling (and the outcome of this contact), and if not, the reasons as to why they did not contact the department;
- Whether the significant delay in entering is due to exceptional and compelling circumstances;
- How much time has elapsed since the initial entry date – generally the more time that has transpired between the initial and actual entry date, means the greater the breach;
- Australia’s international obligations in the Convention on the Rights of the Child and family principles- i.e. what is the best interest of the children involved.
What are my options if I missed my entry date?
Option 1
Travel to Australia unprepared hoping nothing will occur. This is a risky option as you may be stopped at the airport and denied entry. If you are denied entry. Your permanent visa might get cancelled and you may not be able to return to Australia again.
Option 2
Travel to Australia prepared without first contacting the department but have all the documents required as to why you did not come to Australia prior to the first entry date. Must show strong compelling and compassionate reasons at the airport if requested. You face cancellation of the visa at the airport if the case officer does not agree with your reasons.
Option 3
Contact the Department ASAP to obtain a letter to allow you to come to Australia post your first entry date. Prior to travelling to Australia, contact the department and explain your compelling and compassionate circumstances why you were unable to meet the first entry date condition, and explain the situation to them with all the documents in relation to the delay.
Strong documents should be provided. Only when the department decides not to cancel the visa and issue you with a letter to confirm ‘Exceptional and compelling circumstances for breach of first entry date’ then you can travel to Australia. The department may request the date of your travel back to Australia and include that date on the letter. You must then take this letter with you and provide it to the airline at the check in point as well as keep a copy for immigration clearance when you reach Australia.
Useful tips
- Always read the dates and conditions of your visa.
- Seek legal advice before taking an action. Make sure to contact experts in this area.
- You should not provide any wrong information or documents to the department at any time.
About the author
This article was written by Marial Lewis. Marial is an admitted lawyer in Australia and holds a double degree in Commerce and Law as well as a Master degree in Legal Practice. She was a finalist in various awards in 2019 including, the prestigious 30 under 30 award in migration law, Australasian Law Awards as the Rising Star of the year and the Suburban Lawyer of the year as well as a finalist in the Australia Women in Law Awards.
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Peter Jaggard
Where do people in the current situation of government imposed lockdowns stand ?
Got my wife and sons PR but the date of first arrival is June 2020 (grant date June 2019)
Given the UK and Australia lock down my actually go on for quite some time it may make travel impossible
Ali
Dear Peter,
I am in similar situation with the country that I reside in total lockdown and Airports closed. Could you let me know if you have managed to find answers to your predicament or any advise on how to approach such an awkward situation.
Thanks & Regards
Ali
Mr Peter Jaggard
Hi mate
I spoke to the department of home affairs and they told me to email qld.pp.processing@homeaffairs.gov.au
They said that they can’t change the entry date but if accepted, I’ll get a letter that allows them to travel past that date
Going to prepare a letter in the next day if so and see what I get back
I assume they’re busier than normal so who knows when I’ll get a response
Vina
Hi,
I am currently facing same problem, as my son is in India, his first arrival date is June 2020. I am looking for extension of first arrival date. Please let me inform if anyone got right solution. Thanks
Peter Jaggard
Email the address I put above. They won’t extend the entry date but said I should contact them when I’m able to travel and take it from there
Not a concrete answer but it shows I’ve made contact and sounds like they’ve acknowledged my situation
Vina
Thanks Peter
Rana Majumder
I am in different situation. When the CoronaVirus was announced pandemic i took a flight to Australia immediately as my First Entry Date is in September 2020. I stayed there 24 hours and then came back. Now, i am bit confused whether my First Entry was acknowledged or not. Any idea guys? Where should i check if they have acknowledged my First Entry?
Peter Jaggard
If you entered before your initial entry date then you’d be fine.
Hassan
Hi Peter,
I have sent an email to ‘skilled.support@homeaffairs.gov.au’ explaining my situation and requesting First Entry Date extension but didn’t get a reply. Wondering if you received your letter from the department? Thanks
Hassan
Peter Jaggard
Not sure about that email address. My IED was to do with a subclass 100 partner visa so the email address I sent it to only deals with that subclass. It did say when I received an email that showed it has been received that if it wasn’t to do with that subclass I wouldn’t receive any follow-up.
I did get a response but I wasn’t a concrete answer and I’ve since missed the date and will have to take my chances towards the new year. Can’t imagine I’m the only one affected by the international lockdown
Call the global service center for more accurate advice about what email address you need to send your request to
Good luck
Suvojit
Hi,
Does anybody know whether the first entry date requirement has been relaxed for VISA Subclass 189? My first entry date is 28th Jan, 2021. Howver, my flights got cancelled twice.
Suvojit
Hi Hassan, if you send an email to skilled support, they reply immediately with an automated response that is applicable to Visa subclass 189,190 etc.
Thol
Hi, my sister is applying for an Australian citizenship, and within application is also need an evidence of first arrival in Australia. She’s normally using her passport for travelling in and out Australia but there is no stamp on her passport about the first arrival from border protection officer. So, she selected the passport as the evidence of her first arrival. Is it correct? Thanks and looking forward to hearing from you.
Regards,
Benjamin
Question:
The Partner VISA is granted, enters AUS within the 12 months, then exits back to our home where we then plan to live for Approximately 3 years. (you are free to travel in and out of Australia for 5 years).
It states to apply for the Permanent Residency VISA you cannot be out of Australia for more than 12 months in the last 4 years. So if in and out of the country for 3 years, then cant apply for a Permanent Residency Visa for 4 years = total of 7 Years from initial entry date, yet the VISA is only valid for 5 years?
How does that work??
Cheers
B
Lisa
I am a traveling lover and this is very informative for us. i like your sharing stuff and also the informative. by the way, now i am enjoying the bus tours from san jose.