gingernuts

Hi there

I have been fortunate enough to have been granted a 475 visa and I wanted to double check about the expiry of the visa after validation. Having followed this site for many years, I assumed that the three years starting ‘ticking’ when you first landed in Australia, and not when you were first granted the visa.

As a bit of background, we were granted on 11th August 2009 with an initial entry date of May 2010. Because of job issues, we are validating in March 2010 for a holiday and intend to make the permanent move in March 2011. I assumed that as we validate in March 2010, then the expiry would then become March 2013. This would then ensure that we would have the two years in the country to qualify for permanent residency.

As I’m paranoid, I emailed DIAC. The first reply I received was barely in English and didn’t even relate to my question so I emailed again and received the following response:-

“Thank you for your e-mail about your visa application under Australia’s General Skilled Migration program, and apologies that we failed to answer your question last time.

I confirm that your initial entry date is May 2010. As you are intending coming to Australia in March 2010 you will meet the initial entry date requirements.

I confirm that the VF 475 visa is a three-year provisional visa. Your visas were granted on 11 August 2009 and are valid until 11 August 2012.
This date remains, irrespective of the date you make your initial entry and it is not possible to extend this”

Now I’m confused….can anyone with personal experience throw any light on this?

Yours, in confusion

GN

George Lombard

Dear GN,

Not complex, it's your assumption which is holding you back. During the three years of your 475 you need to build up at least two years of residence in regional areas. If you can't reach the two years during that three year period you can get a one year extension.

Cheers,

George Lombard

gingernuts

Thanks for the prompt reply George.

I didn't appreciate that the three years started from date of the visa grant, and not the date of entry.

I had read about the extention visa but I thought (incorrectly!) that I wouldn't need it. It does appear that the application criteria seems straight forward enough though.

Just to confirm - if I opt for this extention will I still make the residency requirements even if I make the full move in March 2011?

Cheers

GN

Bermudashorts

Gingernuts

What exactly is it you cannot work out here? If you extend your visa by a year then it expires on 11 Aug 2013. If you move in March 2011, then you complete 2 years in March 2013 so.....

gingernuts

Bermudashorts - thanks for the clarification. This is a complicated topic and I was seaking reassurance that you have now kindly provided.

Bermudashorts

I just read the posts above.

wijay

Dear GN
I read your post with interest. And I think you assumption is right and the answer from the DIAC was wrong.

Below the quote that I took from my grant letter.

"This visa is valid for a period of 3 years after the date of first entry to Australia."

I have the same visa as you 475 to South Australia. I got the visa on 15 May 2009, and needs to enter Australia before 1 May 2010.

We plan to visit Adelaide in April 2010, and back to UK for several months before going back to Adelaide to say permanently. So I think, my visa will expire 3 years after my entry in April 2010, April 2013.

I think DIAC tried to state that from the day you got the visa in August 2009, the visa has a life time of 4 years, including one year extension. So, your can't extend the visa after August 2013.

So the time between the day your got your visa and the first entry is being counted as an extension. The sooner you go after the visa, the more time you can have in the fourth year, after the 3 initial years passed, if you still need the extension.
Hope this make sense.


Regards

gingernuts

Cheers for the post Wijay - it makes perfect sense.

I've just checked my visa grant letter and sure enough it does say '......three years from first entry'!

George Lombard

Dear GN and Wijay,

There are both possibilities, see the following extract from the Migration Regulations:

475.511

(1) If the applicant satisfied the primary criteria for the grant of the visa, and is in Australia at the time of grant — a temporary visa permitting the holder to travel to, enter and remain in Australia until 3 years after the date of grant.



(2) If the applicant satisfied the primary criteria for the grant of the visa, and is outside Australia at the time of grant — a temporary visa permitting the holder to travel to, enter and remain in Australia until 3 years after the date of first entry.


Hopefully this clears up your confusion GN, but it does sound as though the friendly person from DIAC may have identified an error, and I would be happy to use our VEVO facility to confirm for you that DIAC does have your visa in the correct stream - just email me.

Cheers,

George Lombard

maha1964

I applied ausi visa on 29 August 2007 under 496 visa category (now it is 475) still I am waiting waiting waiting , but no news from DIAC . No Case officer allocated, nothing.. now I am 45. can any one p l e a s e explain me about this. Will they refused to grant the visa to my family? What will happen to me

Dorothy

Perhaps you could contact ASPC and ask them what is going on? Or if you are using an agent that is what the agent gets paid to do on your behalf.

Unfortunately there is nobody who can tell you when you might expect a decision on your visa.

maha1964

Thank You Dorathy, and I will contact my agent in Australia immediatly.

Maha