Rossi

Alan
do you know if our application for PR would affect us getting a travel visa to visit sick family in Victoria?

Alan Collett

Hello Rossi.

Quick answer: no, your application for an ETA (I'm assuming this is the visitor visa you would apply for) shouldn't be affected by an existing application for p/r.

Best regards.

Rossi

Thanks for quick reply
Wife was getting worried
Our relatives are having a bad time of it at the moment and we may need to visit before ASPC make their minds up. I did e mither my case officer with this question on Tuesday evening but had no reply as of yet.
At least I can put her mind at rest when she wakes up

ptlabs

Alan,

If a person has already lodged an application for a PR visa to ASPC/DIMIA, shouldn't he/she inform DIMIA about the ETA application if the PR application is still being processed?


Peter

Alan Collett

Peter,

I recall (but can't immediately confirm) that a change to the Migration Regs means that an application for an ETA no longer overrides an existing p/r application.

Best regards.

Alan Collett

OK, I have found the Regulation change effective 01/07/2002, which says:

"New subparagraph 976.511(a)(ii)(A) provides that where an applicant holds another substantive visa at the time of grant (other than a Special Purpose Visa), the Subclass 976 visa will not come into effect until that other substantive visa ceases to be in effect.

Subparagraph 976.511(a)(ii)(B) provides that where the other substantive visa ceases during the period beginning at the grant of the Subclass 976 (Electronic Travel Authority (Visitor) visa and ending at the end of the period specified in this visa then the Subclass 976 visa will come into effect when the other substantive visa held by the individual ceases.

New paragraph 976.511(b) provides that the Subclass 976 visa permits the holder to:

ò travel to, and enter, Australia on multiple occasions within 12 months from the date of the grant of this visa, or within the life of the holder's passport, whichever is shorter; and

ò remain in Australia, on each occasion, for a period specified not exceeding 3 month from the date of entry into Australia.

The amendments to this clause ensure that a Subclass 976 visa will only come into effect when a person's first substantive visa ceases to be in effect."

This deals with the situation where an existing visa is already held where an application for (say) an ETA is lodged.

It is generally prudent to advise a case officer where an application for another (say) tourist visa/ETA is applied for - and therefore an email from Rossi to appraise his case officer of his plans to visit Australia covers off the matter.

Best regards.

ptlabs

Thanks Alan, I was looking for the amendment myself, but you beat me to it


Cheers,
Peter