Student De Facto & Condition 8503

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Student De Facto & Condition 8503


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Old 08-05-2010, 03:40 PM
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Student De Facto & Condition 8503

Hi there,
I have been reading through the forums and couldn't find any threads with issues similar to mine.. so I got to start a new thread and hopefully get some advice.

My boyfriend and I have been together for 6 years and we are from Singapore. He is due to start his Masters course in Melb Uni this mid aug and I am here with him on a Tourist visa (676) for 12 months and it has condition 8503 on it.

When my boyfriend first applied for his student visa, he added me as a de facto spouse and we tried to get my visa approved. My visa did not get approved as we did not have any evidence of us staying together during our relationship (it is not common for couples to stay together before they are married in Singapore). We do not share any household bills, electricity or phone bills. We stayed at our parents' place instead. We had lots of pictures dating from 6 years back when our relationship first started and we have many family & friends attesting to our relationship. We also have the documents certified by a statutory public.

Now that I am in Melbourne and on a tourist visa with condition 8503, will I still be able to apply for the de facto spouse visa which is riding on my boyfriend's student visa? We thought we could give it a try again.. as I needed to work in Australia. I've been through the forum and saw that we could register ourselves in a domestic relationship in Victoria.. that could waive off the 12months' staying together requirement. But we have only arrived in Melbourne recently. Up till now, we have our tenancy agreement, electricity, water, internet and bank accounts opened in our joint names. Will this help?

Sorry for the long thread.. just needed to give you guys as much info as possible so that you could help me on it. Pretty lost right now.. thanks.


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Old 08-05-2010, 05:21 PM
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Quote:
Originally Posted by casperlove View Post
Hi there,
I have been reading through the forums and couldn't find any threads with issues similar to mine.. so I got to start a new thread and hopefully get some advice.

My boyfriend and I have been together for 6 years and we are from Singapore. He is due to start his Masters course in Melb Uni this mid aug and I am here with him on a Tourist visa (676) for 12 months and it has condition 8503 on it.

When my boyfriend first applied for his student visa, he added me as a de facto spouse and we tried to get my visa approved. My visa did not get approved as we did not have any evidence of us staying together during our relationship (it is not common for couples to stay together before they are married in Singapore). We do not share any household bills, electricity or phone bills. We stayed at our parents' place instead. We had lots of pictures dating from 6 years back when our relationship first started and we have many family & friends attesting to our relationship. We also have the documents certified by a statutory public.

Now that I am in Melbourne and on a tourist visa with condition 8503, will I still be able to apply for the de facto spouse visa which is riding on my boyfriend's student visa? We thought we could give it a try again.. as I needed to work in Australia. I've been through the forum and saw that we could register ourselves in a domestic relationship in Victoria.. that could waive off the 12months' staying together requirement. But we have only arrived in Melbourne recently. Up till now, we have our tenancy agreement, electricity, water, internet and bank accounts opened in our joint names. Will this help?

Sorry for the long thread.. just needed to give you guys as much info as possible so that you could help me on it. Pretty lost right now.. thanks.
Unfortunately the NFS condition will stop you getting another visa unless you could get it waived and that's unlikely without exceptional circumstances.
It does seem unusual that you could not get a partner visa for as a partner to a student it would have been only for TR anyway and requirements are less stringent.
Unfortunately, the relationship registration is also not for you as at least one person needs to be a PR or Citizen.
About the best you could do at this stage would be to make an appointment to go in and see someone in Immi, taking your existing documentation with you if you have it and plead your case in an enquiring way as to why you would have been refused a TR ppartner visa seeing as you had such a long time relationship and ask if there is any chance that you can have a waiver processed to apply for the partner visa here.
Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay"
If there is no joy received with that, you could look at leaving for even a trip to New Zealand and apply again there for a partner visa [ only trouble is that it could take a while ] or cancel your tourist visa and return on an ETA so you could apply in Australia.
ETA (Visitor) (Subclass 976)
If again you're refused, do you have existing qualifications so you could see if you could find an employer to sponsor you on a TR457.
Employer Sponsored Workers - Workers - Visas & Immigration
Failing that, about all you have left would be to look at a student visa yourself. Students - Visas & Immigration





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Old 08-06-2010, 03:48 AM
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Thank you

Thank you Wanderer.

I guess we would just have to request for a waiver first and see how it goes.

Do you know what kind of reasons would normally help in a waiver? I wouldn't lie or whatsoever, but hoping that my reasons will be good enough.


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Old 08-06-2010, 05:36 AM
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Usually the compelling and compassionate reasons are going to be something personal and a critical component is that it is " since your visa was issued " and that's why I say there is likely not much chance but nothing ventured, nothing gained is a saying here.
And for sure, just keep the story to the facts and your reasoning to be it seemed unreasonable to be refused.
Local people can do their own interpretations and so your hope is to get a more sympathetic hearing though any regulations are essentially law and so it is also possible that there could be a good hearing and no chance of change.





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