[Dipen53]

Hi guys,

I am permanent resident of Australia and living here for more then 8 years. I recently got married in my native country like a month ago. Due to longer time in offshore partner visa process, I am thinking to apply for Visit visa for my wife and apply for onshore partner visa when she is here. But someone told me if no further stay condition#8503 attached to visa then Penalties will then be imposed upon the sponsor, even if the 8503 condition is waived and a further visa is granted. If a security bond has been lodged, it may be forfeited.

Any advice will be appreciated

 

[CCMS]

Applying for an onshore partner visa off a family sponsored visitor visa is not an option.

It is not just condition 8503 ("no further stay") and the loss of bond money you need to worry about, there is also condition 8531: "The holder must not remain in Australia after the end of the period of stay permitted by the visa".

I suggest you seek professional advice to work out a realistic strategy.

 

[ampk]

Assuming you had to put up a bond - then you fail to meet the conditions then it would be forfeited.

Your wife will need to meet the requirements that allow a Visitor Visa to be granted, this includes being a Genuine Temporary Entrant.

If the No Further Stay condition (8503) is applied, it is extremely difficult to have it waivered.

But the main concern I see from your post is you have been living here for 8 years and recently married. There is no mention of her previously visiting Australia - so I wonder if you have enough evidence to put in a 820 application that would be granted?

Might be a very good idea to consult with a Registered Migration Agent ASAP.

 

[Dipen53]

Hi guys,

I am permanent resident of Australia and living here for more then 8 years. I recently got married in my native country like a month ago. Due to longer time in offshore partner visa process, I am thinking to apply for Visit visa for my wife and apply for onshore partner visa when she is here. But someone told me if no further stay condition#8503 attached to visa then Penalties will then be imposed upon the sponsor, even if the 8503 condition is waived and a further visa is granted. If a security bond has been lodged, it may be forfeited.

Any advice will be appreciated

Thank you ampk and ccms for you promt reply. I was told from one of my friend and he is newly migration agent that sometimes they not apply No Further Stay condition (8503) in that case I could apply for onshore partner visa. And also my hasn't come in Australia Before so this is the first time I am applying for visa.

 

[ampk]

You need a Registered Migration Agent like the other poster CCMS!

It is pointless to worry about the 8503 condition when it seems you might have a much bigger problem to focus on.

 

[CCMS]

Thank you ampk and ccms for you promt reply. I was told from one of my friend and he is newly migration agent that sometimes they not apply No Further Stay condition (8503) in that case I could apply for onshore partner visa. And also my hasn't come in Australia Before so this is the first time I am applying for visa.

Theres is also condition 8531 to consider, as I advised previously.

According to the migration regulations, condition 8503 is NOT optional, it MUST be imposed.

600.612
If the visa is a Subclass 600 visa in the Sponsored Family stream, conditions 8101, 8201, 8503, and 8531 must be imposed.

It may be a better option to apply for a standard visitor visa, where 8503 is not mandatory.