condition 8503- no further stay (PARTNER VISA ONSHORE)

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condition 8503- no further stay (PARTNER VISA ONSHORE)


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Old 07-11-2019, 04:31 PM
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condition 8503- no further stay (PARTNER VISA ONSHORE)

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.


Last edited by stephpalomo; 07-12-2019 at 04:16 AM.

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Old 07-11-2019, 08:33 PM
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You cannot apply for a partner visa onshore with those visa conditions.

It is very difficult to get a waiver for condition 8503. Even if you managed to obtain a waiver, you’d still be in breach of condition 8531.

Under the circumstances you should seriously consider lodging a sc. 309/100 visa instead. This would most likely have been the better, and faster, option in the first place

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Old 07-11-2019, 10:57 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 🙏🏼
One option, although not ideal, is to leave the children, or one child, in Australia for school reasons, and go back and apply for the 309/100. Hopefully with your relationship situation it would not take too long.

You could also apply for another visitor visa after lodging the 309. We did that after lodging our PMV.

I didn't realise that they did 12 month single entry visitor visas. Maybe it's because it was the sponsored one, for some reason.
The one that we got was the 12 months multiple entry, but not the sponsored one.


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Old 07-11-2019, 11:06 PM
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AFAIK the family-sponsored visitor visa always comes with condition 8503.

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Old 07-11-2019, 11:12 PM
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Originally Posted by Maggie-May24 View Post
AFAIK the family-sponsored visitor visa always comes with condition 8503.
I was wondering if that might be the case, to try to stop it being used as a stepping stone to a partner visa.

Apparently the normal 600 visa doesn't have the 8503, at least not from the Philippines.


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Old 07-11-2019, 11:14 PM
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Quote:
Originally Posted by Maggie-May24 View Post
AFAIK the family-sponsored visitor visa always comes with condition 8503.
They do. But there is another snag. Even if 8503 is waived, there is still 8531 – “must not remain beyond the visa period”.


Breach would lead to loss of bond money-amongst other things.

The idea behind applying for family sponsored visas is usually to be able to stay for a longer period- up to 12 months.

In many cases, people may be better off applying for a standard tourist visa initially.

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Old 07-11-2019, 11:22 PM
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Old 07-12-2019, 03:58 AM
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Originally Posted by CCMS View Post
You cannot apply for a partner visa onshore with those visa conditions.

It is very difficult to get a waiver for condition 8503. Even if you managed to obtain a waiver, you’d still be in breach of condition 8531.

Under the circumstances you should seriously consider lodging a sc. 309/100 visa instead. This would most likely have been the better, and faster, option in the first place
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!


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Old 07-12-2019, 04:03 AM
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Originally Posted by JandE View Post
One option, although not ideal, is to leave the children, or one child, in Australia for school reasons, and go back and apply for the 309/100. Hopefully with your relationship situation it would not take too long.

You could also apply for another visitor visa after lodging the 309. We did that after lodging our PMV.

I didn't realise that they did 12 month single entry visitor visas. Maybe it's because it was the sponsored one, for some reason.
The one that we got was the 12 months multiple entry, but not the sponsored one.
Thanks for your reply. We actually didn't expect for that condition to be attached on that visa but then again it's already there.Well it's not that I don't trust my partner but I cant leave my son there because my partner is working and he leaves for work very early everyday. I am so worried on who will take care of him and he's only 4 years old.

If we only knew of that then we could have just applied the partner visa offshore.


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Old 07-12-2019, 04:06 AM
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Originally Posted by Maggie-May24 View Post
AFAIK the family-sponsored visitor visa always comes with condition 8503.
yep you're correct based on my research, it is mandatory to a family sponsored tourist visa. If I had known that before then I should have had applied for a regular tourist visa or a partner visa offshore. (sad)


Last edited by stephpalomo; 07-12-2019 at 04:14 AM.

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