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SA Is IED applicable for General Skilled Migration scheme (489 visa)

IronMan

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Hi All,
I have done some initial research but just want some latest opinions regarding IED.

For General Skilled Migration, do we need to travel before IED or can travel before the visa expires? Including dependents (secondary applicants - not claiming any points)

I think its not necessary.
 
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MysticRiver

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maandeswal

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That's really interesting one and we should aware of that.

I heard from someone that his visa was almost cancelled in over joy of grant and forgot about IED. Most of the time people get 1-11 months for IED but he had only 15 days. Unfortunately he opened the mail 5 days later and didn't read the whole mail & went to village to meet relatives and friends, came back in 15 days and till time IED was expired.

But fortunately he explained to CO and got extension for 10 days from IED so he left with 5 days only. Then he traveled to AUS within those days and came back a week later. However, in whole he lost almost 2.5lacs ( tickets, stay and other things )for his foolishness.

In nutshell, I would suggest its better to plan everything and make a entry on or before given date. Everyone doesn't get a second chance until or unless there is serious or unavoidable problem occurs.
 
Last edited:

IronMan

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IronMan

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That's really interesting one and we should aware of that.

I heard from someone that his visa was almost cancelled in over joy of grant and forgot about IED. Most of the time people get 1-11 months for IED but he had only 15 days. Unfortunately he opened the mail 5 days later and didn't read the whole mail & went to village to meet relatives and friends, came back in 15 days and till time IED was expired.

But fortunately he explained to CO and got extension for 10 days from IED so he left with 5 days only. Then he traveled to AUS within those days and came back a week later. However, in whole he lost almost 2.5lacs ( tickets, stay and other things )for his foolishness.

In nutshell, I would suggest its better to plan everything and make a entry on or before given date. Everyone doesn't get a second chance until or unless there is serious or unavoidable problem occurs.
Thanks for sharing this very important information. I think above is applicable for provisional visas? e.g. 489 visa?
But I'm still bit doubtful, maybe I'll try to send the same query to relevant DHA email address asking regarding IED for 489 visa for "General Skilled Migration" category, because the obligation is to work in regional area for 1 year and stay in regional area for 2 years.

Following IED is difficult when we are already working here in India with notice period of 3 months.

I'll update here once I get any response from DHA.

It's good to do some homework after all. :)
 
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2020-10-16

IronMan

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2020-10-16
@maandeswal @MysticRiver
Hi Guys,
Just seeking some more inputs as no luck in confirming yet.

For General Skilled Migration, isn't IED waived off with the facilitation letter? Even for 489 visa?

From https://www.migrationdesk.com/threads/7-things-to-do-first.58/page-2#post-57256 , the below statement states it has no objection?
General Skilled Migration; however; has no objection to visa holders travelling to Australia in
breach of condition 8504 and will not seek to cancel a visa where the only reason for doing so
would be the breach of this condition.


The grant of your General Skilled Migration visa included the following visa condition:
8504 The holder must enter Australia as the holder of the visa to which the condition applies
before a date specified by the Minister.
This condition requires that an initial entry into Australia by each visa holder be made before the
date specified in the “Visa Grant Notice” provided to you when your visa was granted.
General Skilled Migration is aware that you and/or your family members who were granted a visa
as part of your application may not comply with this condition.
Failure to comply with visa conditions can render a visa liable for cancellation under the Migration
Act 1958 and visa holders are encouraged to make their first entry by the initial entry date.
General Skilled Migration; however; has no objection to visa holders travelling to Australia in
breach of condition 8504 and will not seek to cancel a visa where the only reason for doing so
would be the breach of this condition.
Visa Validity Period
This notice can only be used during the period for which you hold a valid visa. Information about
your visa validity period is also contained in the “Visa Grant Notice”.
If your General Skilled Migration visa has ceased for any reason then you cannot use this notice to
enter Australia as the holder of this visa.
 
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MysticRiver

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From different replies from DHA, it sounded like they are not going to cancel the visa only on this ground.
 

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Dileep

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Following IED is difficult when we are already working here in India with notice period of 3 months.
You can do one thing, travel to Aus for a holiday, just a week or so; return back to your place, finish the pending stuff and move permanently.
Also, you can try contacting the SA dept, since they specify visa holders to give them prior notification before arriving. Maybe they can waiver IED or even extend it a bit.

But I'm still bit doubtful, maybe I'll try to send the same query to relevant DHA email address asking regarding IED for 489 visa
A friend of mine had asked the ACT authority regarding all the applicants arriving before IED in case of 190 subclass, and asked them for a waiver, but they never responded in an exact manner. The answer provided was very ambiguous and confusing, so he satisfied the IED well ahead.
It depends on the COs mentality, I guess.

For General Skilled Migration, isn't IED waived off with the facilitation letter? Even for 489 visa?
But I've seen somewhere, a post by a member of ours, stating a clause/rule 8**9 I guess, mentioning there's no way to extend or waiver the IED. Am not very sure of this, but hope @MysticRiver would be able to recollect it!

From different replies from DHA, it sounded like they are not going to cancel the visa only on this ground.
That's almost sure. We do see a wide range of replies from the DHA/states regarding the IED, but a number of them aren't specific and up to the point. So most of the visa holders don't think further and arrive by the IED irrespective of the response. :D
 
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IronMan

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You can do one thing, travel to Aus for a holiday, just a week or so; return back to your place, finish the pending stuff and move permanently.
Also, you can try contacting the SA dept, since they specify visa holders to give them prior notification before arriving. Maybe they can waiver IED or even extend it a bit.


A friend of mine had asked the ACT authority regarding all the applicants arriving before IED in case of 190 subclass, and asked them for a waiver, but they never responded in an exact manner. The answer provided was very ambiguous and confusing, so he satisfied the IED well ahead.
It depends on the COs mentality, I guess.


But I've seen somewhere, a post by a member of ours, stating a clause/rule 8**9 I guess, mentioning there's no way to extend or waiver the IED. Am not very sure of this, but hope @MysticRiver would be able to recollect it!


That's almost sure. We do see a wide range of replies from the DHA/states regarding the IED, but a number of them aren't specific and up to the point. So most of the visa holders don't think further and arrive by the IED irrespective of the response. :D
Thanks a lot @Dileep for all the responses provided. That's a good idea I can connect with SA govt with regards to IED.
Also all of the applicants have to travel before IED right? I'm the main applicant and taking spouse and kid along with me.
 
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Dileep

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IronMan

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IronMan

Regular
Messages
100
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MSA
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SC
489 (SA)
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@Dileep @MysticRiver @maandeswal
Now that I have got my IED (as per Visa grant letter - "For first entry, arrive by 16 Oct 2020")

Had a query:

- Myself and my dependents are planning to fulfill IED by visiting Aus for 4-5 days. To fulfill IED condition, can I travel to any of the cities of Aus (e.g. Perth) and come back to my home country? Or do I need to travel to SA (Adelaide) only?
 
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MysticRiver

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I haven't seen any law saying you have to travel to your sponsoring state at your first visit, so, I think any city will work.

But you might contact SA and confirm it because SA needs you to register on your first visit to SA.

 
Last edited:

IronMan

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I haven't seen any law saying you have to travel to your sponsoring state at your first visit, so, I think any city will work.

But you might contact SA and confirm it because SA needs you to register on your first visit to SA.

Thanks for that. I have submitted a query to SA. Will wait for their response.
 
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