Question of the Week



Visitor visa sc 600 with condition 8558 and the trouble with travel dates

Category: Visa for Australia

Question asked

I need a registered migration agent to give the below information: Clarify condition 8558 on Visitor (subclass 600) visa. To clarify the following:

1. Considering the travel dates in the attached document, can the person travel on 11 Jan 2020 and till which date he can stay here?

2. If he returns by 1 May 2020, how long can he stay in Australia in current visa as its expiring on 12/12/2020?

Answer provided by Migration Agent

Hello,

Thank you for your question. I am one of the consulting Migration Agents here on Ask-An-Agent.

This is a tricky condition but basically the 18 month period is triggered from when you first entered Australia. so from the 19 December 2017 to 19 May 2019. So you can accumulate 12 months or 365 days in that time. Have you done that? It is a little difficult to tell from the little table. I cannot tell if you have been here for all of those months or just some of those months as you haven't really listed them.

During that time you had to accumulate 6 months out of Australia. So the second 18 months, - again I am not exactly sure of the table - but the same applies - you can stay for 365 days or until 12 December 2020. I think you stated six months out of Australia in the first 18 months - so now you have to accumulate 6 months out of Australia between 12 May 2019 and 12 December 2020. I hope this has clarified it for you.
Please let me know if you require anything further.

---- Clarification Request ------

Thanks for responding, the attachment has the details of the visa start date(12/12/2017), end date(12/12/2020) and the date lived in australia are highlighted in green blocks. The below table explains the “entry date" which is arrival and depart date which is exiting Australia.
“Total days” is the number of days between the entry and depart dates.

Its 18 months from 19/12/2017 to 19/05/2019
Total number days in Australia is: 132

My question is
The person is leaving Australia on 11 Jan 2020
If I calculate 18 months backwards from 11 Jan 2020
11/07/2018 to 11/01/2020 is 18 months
Total days in Australia is: 348 days (if he leaves on 11 Jan 2020)
So does that mean he can remain in Australia for another 10 days(21/01/2019) which will still be under 365 days?

------ Clarification from Migration Agent ----------


Hello,

Yes I thought that was the case so in the first 18 months there has certainly been 6 months out of Australia.

Then I am not clear what has happened since 12 May - has it been continuously in Australia?
Perhaps the easiest way to explain it is this;
a. Calculate the dates the person entered and departed Australia = total number of days in Australia
b. Enter the date the date the person is planning to enter Australia = Entry Date (the new entry date eg 21 Jan 2020)
c. Count back 18 months from Entry Date = Start Date (for the purpose of the calculation)
d. Permissible stay = Days in Australia between Entry Date and Start Date.
The calculation of the 18 months is always moving - the new calculation starts from the entry of the person.
I hope this has helped.

Thank you for using ask-an-agent. If you need further services from myself you can always message me using the Ask-An-Agent messenger or chat.
You can also reach me by contacting Amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.

Regards
Migration Agent

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