roiboit

Hi

I know that normally once a PR is granted, the main applicant must be the first (or be with) to enter to validate the visa. In the past if the spouse tried to go to oz on a ETA before the PR was validated (for a fact finding trip for example) this visa would cancel out the PR.

However, recently I have seen a couple of posts in answer to other visa questions were George and JAJ have stated "DIMIA has sorted out the problem of ETAs cancelling PRs". Does this mean that the above scenario is now possible?

We should have our visas by the end of September but won't be moving until early 2005. My husband would like to go for a week in November but I am the main applicant. We certainly don't want to mess up our visa after all this time and work!

Thanks for any help
roiboit

Pollyana

Haven't seen the posts you are referring to, but I think if there is a family migrating together the visas of the family members usually say "must not enter before --------(name) " and so the main applicant has to enter first, even if only by standing in the queue first.

As far as I know its not changed, though others may know better?

saraliz

I have seen the posts you are referring to... I assume you are saying your spouse will enter Australia on an ETA? I've never seen anyone do it before on this forum (but then again, if in the past an ETA cancelled a PR visa they wouldn't have). I would assume that when the spouse entered Australia there would be a possibility that the immigration officer would see the PR visa in the passport & refuse to let them enter as a 'visitor'... at any rate, it's an interesting question & hopefully someone will be able to answer it!

jjonboy

Can't you just phone up the general help line at AHC and ask them??

JAJ

What 'general help line at AHC'? It's virtually impossible to contact a real person at most Australian missions overseas. There is a helpline in North America but nowhere else that I'm aware of currently.

Anyway, asking a complex question to a public enquiry line often results in an answer that's misunderstood or just plain wrong.

Anyway, in response to the original question. Since 1 July 2002, ETAs no longer cancel PR visas. However, the way it works is that an ETA cannot take effect if a PR visa is held.

If a regular tourist visa was applied for and granted then it *would* cancel the PR visa, and you don't want that to happen.

So I don't think it's possible to visit Australia on an ETA if you have been granted a PR visa. And as DIMIA may get very upset (yo the point of cancelling visas) if the spouse turns up first, the only way around the problem is for the main applicant to go to Australia as well.

The main applicant can then *leave* Australia before the spouse and DIMIA are quite ok with this.

Jeremy

roiboit

Well that settles that!

Thanks Jeremy.

roiboit

cresta57

Hi Roiboit,
When we left our baggage at checkin Sean asked for seats at the front of the aircraft and for me to sit at the back so he could arrive in Oz before me as per the visa conditions. Got to say I was not impressed can't quite tell you what I said to him!!!!!!!!!!!!
Debbie

nawab1

Because DIMIA says latest visa on your passport will be valid only.other will be canceled automaticaly.

bmxboon

does this mean when i enter oz, my de-facto partner ( oz citizen ) has to enter oz before me or after me??? i'm getting quite confused now

JAJ

I suggest you read the visa label to see what conditions it has. If it has a condition like that - yes.

Jeremy