waiving a 8503

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waiving a 8503

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Old 12-02-2010, 01:13 AM
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Exclamation waiving a 8503

im looking into getting my 8503 waived and was wondering if its worth my time even trying? I'm not ill or pregnant, the only things that have changed are that i am now engaged, and my income which i have been living off of is coming to an end at the end of the year. I will have no source of income...yay!
I'm also gonna be applying for a defacto visa and was wondering if i should just leave and come back with an ETA? My tourist visa with the 8503 expires dec 17 2010 but im allowed to stay in aus untill Nov 10 2011.

if i were to apply to get the 8503 waived and get refused would the government be suss on me leaving the country just after new years and coming back with an ETA to then apply for my defacto?? please help!!

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Old 12-02-2010, 01:50 AM
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Hi there,

Unfortunately I don't think you would get the condition waived just on those reasons. DIAC only waives 8053 in very, very rare cases, so it's unlikely they would grant you a waiver.

If you go out and come back on an ETA, you will have to be careful what you tell them you're going to do when you return if you are stopped by customs at the airport. If you tell them you plan to lodge an onshore spouse visa, they will likely put a red flag on your name or may not let you enter the country.

If you are already engaged and have to leave Oz anyway, I would suggest lodging a prospective marriage visa once you arrive in your home country. It'll be cheaper and take less time to process if done out of Australia.

If you have any other questions, please come back and let us know

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Old 12-02-2010, 04:29 AM
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I'm not planning on leaving anytime soon unless to get the ETA and then it would only just be a quick trip after new years. The wedding is in march. And I've already got to go back home in july for a friends wedding. Which is complicated now that I won't have an income.

I've still got to get my health exams done and was wondering if your able to get it done while on an ETA? And also do you need a return ticket leaving australia with an ETA? Also anyone know how long it actually takes for the defacto visa to process once submitted?

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Old 12-04-2010, 10:12 PM
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I agree with aussiegirl that you will not get a waiver, No chance whatsoever so you might as well plan on what's next and so to be able to work again ASAP if that is a priority you could consider putting in a partner application offshore once married, say with a quick trip to NZ [ and could possibly be quicker processing there for various reasons ].
If your application was fully complete, accurate and well done it could even be worthwhile considering if you want to stay there a couple of weeks.
If not you shouyld be able to return on your tourist visa/ETA and plan on another trip to allow for the granting but offshore partner visas are about $800 cheaper and so that'll cover the additional airfare.
Partner visas processing is very variable at the moment due to various reasons and whereas something less than six months has been a yardstick, something more than six months would now seem appropriate.
If you get married in March, take a NZ honeymoon, put the application in there, return and then are going overseas again in July, not a bad chance that the moon and stars may align for you to get a grant while abroad in July and even if it was ready earlier in say June, they will advise you to give them notice of when you will leave the country for the granting and so July should be acceptable.

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Old 12-04-2010, 11:43 PM
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thanks wanderer! makes a lot of sense now and applying off shore doest seem as hard....another question would you recommend doing it before the wedding say the first or second week of jan? also when filling out forms and it says current residential address would i put my aus address? and also you said they let you know when its about to be granted so you can be offshore?? one more question....if the partner visa doesnt go thru in the 3 months time of the ETA are those extandable? thanks again!!

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Old 12-05-2010, 11:37 AM
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You would not want to go applying for the partner visa before/after marriage unless you feel you meet eligibility requirements, the 12 months together if not married and even with being married they'll expect a reasonable length of relationship, say 6 months.
You could give your Australian address seeing as that is where you have been residing and intend to continue to reside at and you can apply for an onshore tourist visa while holding an ETA but as with all visas, there's never a guarantee.
If with
My tourist visa with the 8503 expires dec 17 2010 but im allowed to stay in aus untill Nov 10 2011.
You mean you have a tourist visa with a latest enter by date of 17/12, that does raise another problem for you, for to go to NZ and lodge you need an outward flight to a country you have a right of entry to and so if it is a case of no further entries allowed into Oz on your tourist visa after 17/12, that visa will not give you another right of entry.
It could be you will want to fly to Noumea, Fiji or Asia to lodge the partner visa if that becomes your plan and seek an ETA or another tourist visa on which to return to Australia.

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Old 05-28-2011, 10:02 AM
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just thought i'd let you know i ended up going to nz before the wedding and coming back in on an eta...got a bit hassled because ive come to the country so many times but luckily they let me back in. Dont think they would have if my partner wasnt with me.

I put my defacto app in not to long after i got back in mid feb and just got my temporary residence granted yesterday. So Happy!! Was processed just a few days over 3 months. Altho i had a crazy amount of paperwork to prove we were a legit couple.

just wanted to thank you for your advice and help!!

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