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Hi there,

I'm hoping that someone can help with a question we have around submitting form 1447 with a Subclass 600 (Visitor) visa submission. My best mate has been married with his wife for almost a year and are getting ready to submit a Partner (Provisional) visa (subclass 309).

They are looking at submitting the tourist visa first in the hope of getting the no further stay condition waived so that they can then submit the partner visa from here in Australia and I thought to have a look and see if I could find any information on the chance of this being successful and I found that there is a request form 1447. From my understanding this would at least get the immigration department to have a look at this instead of riding purely on luck.

To add some history my mates wife has been to Australia three times already on tourist visas with no over stays etc. The first time she was sponsored by her Aunt and the other two by my mate and they were married here in Australia on her last trip where she returned home last July.

My questions are:
Has anyone had success with a 1447 submitted with a tourist visa?
Would anyone be able to give a success rate of getting a no further stay waived?
If not can anyone that has had the no further stay waived be able to provide some history on how many visits to Australia etc. before it was waived?

Any assistance would be appreciated as they are trying to make sure that they are on the right path and don't want to make mistakes along the way.
 

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Just because one can apply for a partner visa from a tourist visa doesn't mean that's what it is supposed to be used for. Stating the tourist visa is going to be used in such a way has resulted in plenty of tourist visa refusals or refusals at entry from what I've read of others' experiences on this forum.

Also the 309/100 is an offshore application only. The onshore version is the 820/801.
 

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The likelihood of a no further stay condition being waived is pretty much impossible. You need to show compelling and compassionate reasons that have developed since the 600 was granted and that they had no control over.

What you have posted does not sound like they have compelling and compassionate reasons. Wanting to lodge a partner visa onshore is not a compassionate and compelling reason to have the no further stay clause removed.

She can go offshore and apply for a partner visa offshore which is the 309, the 820 is the onshore application.
 

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I got a waiver, but my plans were destroyed!

In the wake of the 9.1 magnitude megathrust earthquake that struck off the western coastline of Sumatra, Indonesia, 10 years ago, a colossal wave propagated from its epicenter, destroying coastal infrastructure and claiming nearly 230,000 lives across 15 countries.
 

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You would only use form 1447 after a visa with condition 8503 had been granted and circumstances had developed that justify the waiver.

Requesting that the condition is not imposed would more or less flag the intention that you intend to apply for another visa in Australia. While there is nothing wrong with that per se, it may cause the case officer to conclude that the applicant is not a genuine visitor and the application will be refused.

Best thing to do is to just apply for a 3 month tourist visa and see what happens.
 
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