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

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Old 07-14-2019, 03:39 AM
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we'll be flying to AU on August.
Might not be the best strategy.

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  #18 (permalink)  
Old 07-18-2019, 11:02 PM
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Please update your flag here .

hi, you can still apply on shore for a partner visa, as long as you get married here in australia while youre tourist visa is still valid. (even if it has no further stay condition) that visa along with that condition will cease once you apply for a partner visa on shore as a bridging visa A will be then applied once your tourist visa ends. You will be be granted a bridging visa with with working visa and also a medicare.


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Old 07-18-2019, 11:04 PM
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Quote:
Originally Posted by stephpalomo View Post
Hi everyone! I just like to ask for any advice or help or suggestions from anyone who has an idea or who had been in the same situation as me(& my partner).

So my family sponsored tourist stream visa is already granted but with a condition 8503 which is “no further stay”. Now we are worried because our plan is that we were supposed to apply for an onshore partner visa when we get to Australia but because of that condition it might be impossible. My visa is for one year visit but only single entry. Do we have any other options or any chance to apply onshore? or do I really have to comeback after one year and apply for an offshore partner visa?

Im so stressed coz we have two kids and the eldest will have to start school soon and he might stop and go back to the Philippines with me in the middle of the year before my visa ends. My kids are both australian citizens already and me and my partner are in a de facto rel. for 5 & a half years now. Please I need some help or atleast an option if there’s any? thanks everyone.
hi, you can still apply on shore for a partner visa, as long as you get married here in australia while youre tourist visa is still valid. (even if it has no further stay condition) that visa along with that condition will cease once you apply for a partner visa on shore as a bridging visa A will be then applied once your tourist visa ends. You will be be granted a bridging visa with with working visa and also a medicare.


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  #20 (permalink)  
Old 07-18-2019, 11:17 PM
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Quote:
Originally Posted by rubymaev View Post
hi, you can still apply on shore for a partner visa, as long as you get married here in australia while youre tourist visa is still valid. (even if it has no further stay condition) that visa along with that condition will cease once you apply for a partner visa on shore as a bridging visa A will be then applied once your tourist visa ends. You will be be granted a bridging visa with with working visa and also a medicare.
If you abide by the 8503 rules, you can't even apply for another visa.

A 'No Further Stay' condition prevents visa holders from applying for many temporary and permanent visas while they are in Australia.

Conditions include 8503, 8534 and 8535.


You can apply 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.


Marriage is NOT out of your control.

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