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djansh

Partner visa travel advice

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Hello, 
 
My partner's  Subclass 100 visa was approved in September 2017 with a condition that first entry must be made before 26 September 2018 and we missed that date. But we did travel to Australia on Subclass 309 for a short period of time in 2015 and 2016. We got her registered for medicare and I'm an Australian Citizen.   
 
My question is can we travel now or do we need to apply for a visa subclass 157. I have checked the visa status (subclass 100) it shows in effect till September 2022 and the location is showing offshore. 
 
Can you please advice. 
 
Thanks and regards

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No you can't travel now, nor can you get a subclass 157 visa as your subclass 100 visa has effectively been cancelled (in the process of being cancelled) as you didn't comply with the entry conditions. 

Is there a compelling reason why you didn't enter before 26 September 2018?

It's a condition of your visa that you enter before this date. The date is based on the expiry date of your health and character checks, which are generally valid for 12 months from the date they were issued.

Failing to enter Australia by the initial entry date your visa may be considered for cancellation.

You need to apply for an extension of the initial entry date (written submission), but it will in most cases only be issued if you have compelling reasons.

You need to seek advice from a immigration lawyer and act asap before they process the cancellation. You have only a limited amount of time to sort it out, otherwise you may have to reapply for the visa again. 

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