condition 8503- no further stay (PARTNER VISA ONSHORE) - Page 2

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condition 8503- no further stay (PARTNER VISA ONSHORE) - Page 2


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  #11 (permalink)  
Old 07-12-2019, 04:10 AM
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Originally Posted by wrussell View Post
Have you consulted a registered migration agent?
Nope not yet. I just did my own research. I have read an article where the condition is waived for almost the same situation we have right now and they consulted an immigration lawyer. Will it cost too much for a lawyer?


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  #12 (permalink)  
Old 07-12-2019, 05:41 AM
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Quote:
Originally Posted by stephpalomo View Post
Thanks for your reply. Yes I was thinking of that condition too, but what if for example the 8503 was waived and we were able to lodge a partner visa onshore, can I just do an exit before my visa expires then comeback to Australia after that? but under what visa to go back? Do I have a point there? thanks!
Indeed, on what visa would you come back?

And what unforeseen circumstances would give ground to a waiver? If the circumstances already existed before you applied, then they are not unforeseen.


Requesting a waiver
  • You can ask to waive the condition if a major change in your situation occurs while you hold this visa.

    This change must be out of your control - you could not have prevented or stopped it.

    Examples of major changes that meet this criteria:
  • unable to travel due to a medical reason
  • death or serious illness within close family
  • natural disaster in home country
  • war or civil unrest in home country
  • your school cannot provide the course that you were approved for

    Some changes that are major but not considered as reasons for waiver:
  • marriage or starting a de facto relationship with an Australian citizen or permanent resident
  • failing your course
  • pregnancy - unless your doctor has told you not to travel

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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Last edited by CCMS; 07-12-2019 at 05:44 AM.

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  #13 (permalink)  
Old 07-12-2019, 07:48 AM
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Quote:
Originally Posted by stephpalomo View Post
Nope not yet. I just did my own research. I have read an article where the condition is waived for almost the same situation we have right now and they consulted an immigration lawyer. Will it cost too much for a lawyer?
Registered Migration Agent - key words!


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  #14 (permalink)  
Old 07-13-2019, 04:26 AM
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Quote:
Originally Posted by CCMS View Post
Indeed, on what visa would you come back?

And what unforeseen circumstances would give ground to a waiver? If the circumstances already existed before you applied, then they are not unforeseen.


Requesting a waiver
  • You can ask to waive the condition if a major change in your situation occurs while you hold this visa.

    This change must be out of your control - you could not have prevented or stopped it.

    Examples of major changes that meet this criteria:
  • unable to travel due to a medical reason
  • death or serious illness within close family
  • natural disaster in home country
  • war or civil unrest in home country
  • your school cannot provide the course that you were approved for

    Some changes that are major but not considered as reasons for waiver:
  • marriage or starting a de facto relationship with an Australian citizen or permanent resident
  • failing your course
  • pregnancy - unless your doctor has told you not to travel
I got your point there, thanks Nick! I have actually read about that already but then I'm still trying to look for loopholes that could actually help. Anyway, I don't think I can do anything about it now let's see when we get there. I am still here in the Philippines actually, we'll be flying to AU on August.


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  #15 (permalink)  
Old 07-13-2019, 05:03 AM
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Quote:
Originally Posted by ampk View Post
Registered Migration Agent - key words!
And these:

Quote:
Originally Posted by stephpalomo View Post
I got your point there, thanks Nick! I have actually read about that already but then I'm still trying to look for loopholes that could actually help. Anyway, I don't think I can do anything about it now let's see when we get there. I am still here in the Philippines actually, we'll be flying to AU on August.


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  #16 (permalink)  
Old 07-13-2019, 06:40 AM
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Quote:
Originally Posted by stephpalomo View Post
I got your point there, thanks Nick! I have actually read about that already but then I'm still trying to look for loopholes that could actually help.
If you look long enough, someone will eventually tell you what you want to hear. Which is not necessarily what you need to hear.

I do lots of tourist visa/ partner visa combinations from the Philippines and have never used the family sponsored pathway, which always comes with a “no further stay condition”.

A loophole would presumably consist of creating some sort of change in circumstances that would be compelling enough to waive the condition. I’m no fan of this approach. I have obtained waivers in the past,but that usually involved the welfare of minor children or some quite dramatic events that were not pre-meditated.

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Please do not send Private Messages.
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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Last edited by CCMS; 07-13-2019 at 06:42 AM.

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  #17 (permalink)  
Old Yesterday, 03:39 AM
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Quote:
we'll be flying to AU on August.
Might not be the best strategy.

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