remove 8503 condition

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remove 8503 condition


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Old 03-18-2014, 09:59 PM
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Question remove 8503 condition

I would intend to send this message to Mark for an advice. How do I format writing a submission letter to remove 8503 condition and the reasons as to why.


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Old 11-27-2014, 05:14 AM
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Quote:
Originally Posted by Gigi View Post
I would intend to send this message to Mark for an advice. How do I format writing a submission letter to remove 8503 condition and the reasons as to why.
This is what IMMI has to say!

It is not possible to request that a mandatory condition 8503 be left off your visa at the time you apply for the visa. However, if you are in Australia holding a visa with condition 8503 imposed on it and your circumstances change, there is provision to waive the condition in limited circumstances that are set out at Regulation 2.05(4) of Australia's migration legislation.

This regulation states:

The circumstances in which the minister may waive [condition 8503] are:

since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:
over which the person had no control
that resulted in a major change to the person's circumstances
if the minister has previously refused to waive the condition, the minister is satisfied that the circumstances mentioned in paragraph (a) are substantially different from those considered previously
if the person asks the minister to waive the condition, the request is in writing'.
Because this is law, it is not possible for the department to consider waiving the condition for any other reasons.

Therefore, if you do request a waiver of condition 8503, the departmental officer who considers your request must be satisfied that all the above requirements apply in your case, namely that:

the circumstances that have developed since you were granted the visa are both compassionate and compelling
you had no control over these circumstances
these circumstances have resulted in a major change to your personal circumstances.
Waiver is not automatic—each request is decided by assessing your particular situation against the above legal requirements.


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