llite

Our visa for Class BN 136 are just granted. I am the primary applicant.
However, I wonder if my wife could enter Australia ahead of my children and me so that she could make some preparations for us.
I browsed the Dimma web site but could not find any official claim.
Is there someone who can help with this?

Wendy

In a word no.

You need to enter either first or at the same time as every one else

moneypenny20

No. You have to go first. Even if you all went together, you would have to pass through passport control first.

Nomore

As already said...NO...you come together or just you first.
It's always easier to get things sorted first i know, but nothing in life is simple

Wendy

Just to add, you could all come at the same time then you could return while your wife stays.

llite

Thank you so much for your answers.
Does it mean that I can go with my wife while leaving our children taken care of by my parents for a few months and then bring them to Australia before the Initial Entry Date?

BTW: Is there any official link that can explain these rules?

Pollyana

yes you can
If you prefer the word of an agent, though its the same advice that you've already been given -
http://britishexpats.com/forum/showthread.php?t=399509


Edited to add - here is a government link to it. You will find that the visas will have "Subject to condition 8502" on them; this means "The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa." and the specified person will be the main applicant.

http://www.facsia.gov.au/guides_acts...uide-8502.html

louie

I know the rules are as above - BUT a friend of mine, whose husband was the primary applicant, wanted to go ahead to sort out accommodation, etc. I asked about it on here and everyone said no way but she contacted DIMA via her agent and was permitted to do so after the visa (136) was granted. Whether she entered on the 136 visa or whether she was granted an ETA, even though she already had a PR visa, I don't know. But it's worth asking DIMA surely, all they can say is no!

esperanza

My visa has to be validated alongside that of the primary applicant (my OH).
However, I could still enter Australia anyway without a visa, couldn't I?
So couldn't I enter Australia on my own but not validate the visa, then come back and re-enter with OH at which point our visas would come in to play?

ptlabs

A permanent visa holder cannot be effectively granted an ETA - as this is legally not possible. DIMA can only apply the law, they can't legislate.

It is also possible that condition 8502 (must not enter before) was simply not imposed, allowing for the legal possibility of the abovemention scenario.

Without the exact technical details, it's almost impossible to ascertain exactly what happened

Peter

ptlabs

If you have been granted your permanent visa, you'll have to use that visa to enter Austraila. You can't "ungrant" your visa and enter Australia visa-less.

Even if you managed to "ungrant" your visa, no airline will fly you to Australia without a proper visa.

Long and short, if condition 8502 exists, you need to abide by it. While airlines may transport you (out of ignorance) without the primary visa holder, you may well be refused entry when you land (and/or have your visa cancelled).

Peter

Pollyana

What makes you think you can enter Australia without a visa? (I may be missing the obvious here, its been a long day!)

If you have been granted a visa, and are waiting to validate it, DIMA will not grant you another one.

esperanza

I was under the impression that anyone with a British passport could visit Australia for up to about three months without a visa?

Point taken about not "ungranting" a visa though - not that I want to anyway, it was just a hypothetical!

ptlabs

http://ptlabs.topcities.com/faq0.html#basic003

Time to re-announce the FAQs, Polly!

Peter

esperanza

Blimey!! How have I been researching Oz for the best part of a year and not noticed that?! I've been so busy sorting out our visas that I haven't thought about people visiting.... is it tricky or expensive for friends & family to get their visas to visit?