The Department of Home Affairs has provided information for the holders of skilled and business visas who are offshore at the time of grant and are subject to condition 8504 must enter before a specified date.
Condition 8504: The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister.
This condition requires that each visa holder must make their first entry into Australia before the “For first entry, arrive by” date specified in the “Grant Notification” letter. Under the Migration Act 1958, failure to comply with visa conditions can render a visa liable for cancellation.
The Department of Home Affairs is aware that visa holders may not be able to travel to Australia by ‘first date of entry’ detailed on the visa grant letter due to COVID-19 restrictions, and has released the below notices to allow entry flexibility after this date.
This information is applicable to the below visa subclasses:
· Business Innovation and Investment (subclass 188) (Provisional)
· Business Innovation and Investment (subclass 888) (Permanent)
· Business Talent (subclass 132)
· Business Skills (subclasses 890, 891, 892, and 893)
· Distinguished Talent (subclass 124)
Generally the Department of Home Affairs will not seek to cancel a Skilled Migration visa where the only reason for doing so would be breach of Condition 8504.
Visa Validity Period
If you are not able to make your first entry into Australia before the “For first entry, arrive by” date you can use the Notice of Facilitation when you travel to Australia during the period for which you hold a valid visa.
Please noted that the Department of Home Affairs cannot extend the validity period of your visa, and if your Skilled Migration visa ceases for any reason then you cannot use this notice to enter Australia as the holder of this visa.
If you have any questions or inquiries about the above, please contact Longton Legal and our experienced team of solicitors will provide you with expert legal advice.
*Disclaimer：This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
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Registered Migration Agent
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