[didgerydoodle]

Hi

My siter in law ( cambodian ) has fallen for a local Darwin lad whilst here on a one year holiday visa.
She has a few months left to run on her visa ( to Jun23 )
We are considering applying for a new tourist vis whilst she is still here in Australia ( so she does not have to leave )

However

A bit worried she might get stamped with an 8503 Do Not Return After condition . ( she did not have the 8503 on her current tourist visa )

This woiuld then prevent her and her aussie partner from proceeding with an 820 PV as she would have to be out of the country per the rules of the 8503 condition etc.

If she did get stamped 8503 and they were to marry in Australia during her second visit, would she still have to leave to then apply for the PV or would the marriage override that etc ?

Thankyou

 

[Aussie83]

Short answer. Absolutely does not negate it.

 

[didgerydoodle]

Hmmmm...

So she needs to go home to Cambodia / be out of country on the day etc they submit.

I assume she can then come back in on a tourist visa

 

[ZubiSim]

If they are already in a serious committed relationship, they could get married and apply in the next two months. Then she wouldn't have to leave, but you need to make sure you have enough evidence.

 

[didgerydoodle]

Well.......they have just started at Xmas however she will move in with him when she comes back in Late march and by the time her tourist visa runs out she will have ben with him for 5 months, living with him for 3 wtih name together on lease, joint bank account etc.

If they get married ,say, a month out and lodge the visa application, i wonder if that is too soon

 

[TeamBnB]

We got our relationship registered and applied for 820 a month later... the time between marriage and application is not that relevant, it is more important to proof that they are a genuine couple.... collect as much evidence as possible, register mobile phone contracts at a shared address, get a shared bank account, stuff like that really helps!

 

[didgerydoodle]

Unfortunately they cannot register a relatrionship in the NT

If they got married at month 5 of relationship and she has to leave 4 weeks later, if they lodge the PV application while she is till in Australia how long does it take for the bridging visa to come through so she does not have to leave >

 

[TeamBnB]

Bridging visa would come into effect immediately after lodging the application and she would not have to leave, as long as the current visa is still valid at the time of application

Oh yes you mentioned that you're in NT before... would be the same with marriage though the timings won't matter too much as long as they believe it's a genuine relationship. Also the marriage would get rid of the 12 month living together requirement

 

[Aussie83]

Also the marriage would get rid of the 12 month living together requirement

There is no 12 month living together requirement.
Covered in ops other thread including links ect.

 

[TeamBnB]

There is no 12 month living together requirement.
Covered in ops other thread including links ect.

Apologies badly worded.... I meant the 12 month relationship requirement linked to deFacto applicants

 

[didgerydoodle]

In an ideal world we just apply for another one year tourist visa while she is still here and she gets it WITHOUT an 8503 condition stamped on it. Theyn they have all the time in the world to build a relationship and submit an onshore PV down the track.

It is just a hassle if they stamp her 8503.

But then again - even if she went home after this visa expires and we applied for a new tourist visa while she is offshore, she might still get stamped 8503 anyways right ?

So -----6 to one half a dozen to the toher !

 

[TeamBnB]

In an ideal world we just apply for another one year tourist visa while she is still here and she gets it WITHOUT an 8503 condition stamped on it. Theyn they have all the time in the world to build a relationship and submit an onshore PV down the track.

It is just a hassle if they stamp her 8503.

But then again - even if she went home after this visa expires and we applied for a new tourist visa while she is offshore, she might still get stamped 8503 anyways right ?

So -----6 to one half a dozen to the toher !

unfortunately yes... no way of telling if they will give her the 8503 condition... it's a gamble

 

[didgerydoodle]

I did read somewhere that they do not stamp 8503 by default.

We will have proof she has come and gone home to Cambodia at least once on current visa.

We also have several supporting letters from professionals supporting the application on compassionate grounds.

Not worried about GETTING the via per se......just that 8503.

My gut says just apply while she is here and roll the dice because even if she is offshore....it is as you say - a gamble.