If an applicant is granted permanent residence when overseas, the approval letter will specify the date by which the visa holder must enter Australia to “activate” the visa. This date is usually 12 months from the date of the health checks or character checks, whichever is earlier.
Ajuria Lawyers is often asked whether this date of first entry can be extended.
An extension of this date cannot be requested in advance, it can only be considered if the visa holder has not successfully entered Australia by the initial entry date. Failure to enter Australia by this date will not cause the visa to cease, but renders it liable to cancellation.
If a visa holder is unable to enter Australia by the initial entry date, they are required to provide evidence of the compelling circumstances that explain the non-entry and the reasons why the visa should not be cancelled. Circumstances must be compelling, and not relate just to the inconvenience or the expense of travelling to Australia by the initial date. If compelling circumstances cannot be demonstrated, the visa may be cancelled. If an extension is considered, the visa holder may be requested to undertake additional health and character checks, since these must be valid at the time of entry to Australia
DISCLAIMER This information is current as of and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.
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