General Skilled Migration Visas such as Skilled Independent Subclass 189 visa, Skilled Nominated Subclass 190 visa and Skilled Work Regional Subclass 491 visa come with Condition 8504 according to which offshore visa holder must “enter Australia as the holder of the visa to which the condition applies before a date specified” for the visa to be active.
The (First) Entry Date 8504 Condition
The first entry date condition aims to ensure that new migrants must enter Australia within a reasonable period once the visa is granted to them. Generally, the first entry date specified is either 12 months from the date of visa grant or until the visa expiry date where the visa is granted for less than 12 months. If you are unable to travel before the specified date, you are in breach of visa condition which may result in cancellation of your visa by the Department.
Other visas that come with Condition 8504 attached to them are Family Visas, Employer Sponsored Visas and Special Migration Visas such as Former Resident and Distinguished Talent Visas. Thus, if you are unable to travel to Australia before the specified date, your visa may be cancelled.
Special Arrangements made by South Australia
The Government of South Australia has relaxed Condition 8504 for offshore skilled migration visa holders who are unable to travel to Australia due to border closure and other travel restrictions in response to Covid-19 (Coronavirus). As such, these visa holders may not get their visas cancelled for breach of condition 8504 where the breach was related to the Covid-19 Pandemic.
Further, South Australia has also given consideration to visa holders of Business Visas and Distinguished Talent Visas who are unable to travel to Australia and meet requirement of Condition 8504 due to travel restrictions for the time being.
If you are stuck in a similar situation or need help in visa extension, Contact Us today or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you
