How does visa officer determine condition 8503

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How does visa officer determine condition 8503


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Old 06-01-2014, 05:48 AM
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How does visa officer determine condition 8503

Hi everyone. People who come to Australia on subclass 600 sponsored by family member? Sometimes there is "no further stay condition 8503 " attached. Sometimes there isn't. So what does visa officer go by? What if someone applies long term stay like 12 months stay as opposed to 3 mth max. Thanks.

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Old 06-02-2014, 12:31 AM
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In my opinion, a Condition 8503 could be issued if the applicant is from a high-risk country and/or when the applicant has not had previous international travel. I applied for a 6-month visitor visa and was granted a 12-month multiple entry visa but with Condition 8503. (I am from a high risk country and have had previous international travel.) Really hard to second guess how a CO's decision will go.


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Old 06-02-2014, 03:31 AM
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It's also more likely if the person applying has just spent a lot of time in Australia recently, like on another tourist visa or working holiday visa. Especially if they've spent ~12 months or more. But the biggest thing is whether they're from a high risk country. From some countries it almost impossible to get a tourist visa in the first place.

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Old 06-02-2014, 05:00 PM
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Visas can have mandatory conditions that must be applied, and conditions that can be applied at the case officer's discretion.

The regulations state that a Subclass 600 visa in the family sponsored stream must have 8503 imposed so if someone is saying they obtained one without it I would suspect they're mistaken. Again if they apply under the tourist stream but the case officer says they must be sponsored by a family member, condition 8503 has to be imposed.

In other examples where it's up to the case officers discretion it's mostly down to being from a high-risk country.

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Old 06-02-2014, 11:25 PM
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Quote:
Originally Posted by Adam Grey View Post
Visas can have mandatory conditions that must be applied, and conditions that can be applied at the case officer's discretion.

The regulations state that a Subclass 600 visa in the family sponsored stream must have 8503 imposed so if someone is saying they obtained one without it I would suspect they're mistaken. Again if they apply under the tourist stream but the case officer says they must be sponsored by a family member, condition 8503 has to be imposed.

In other examples where it's up to the case officers discretion it's mostly down to being from a high-risk country.

Hi Adam
Thanks for your reply. My anecdotal experiences are mainly from those who study in Australia. Obviously international students without pr can only invite their parents here on tourist visa. However, I heard rumours that 8503 is not an absolute rule even with subclass 600 family sponsored stream, when applicants have visited australia on family sponosored visa before and returned on time. The second or 3rd time when they applied family sponsored visa, 8503 is usually not attached(that's the word from a migration agent, but sometimes they can be incorrect). But again, a lot of people I know sponsored their parents over on a visitor visa to look after pregnant daughter or newly born grandchild. Sometimes it's hard to know. Is the migration agent tole me true? The 2nd visitor visa either family or tourist has low chance of copping a 8503.


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Old 06-02-2014, 11:38 PM
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Again the regulations state 8503 must be imposed to a 600 visa in the family sponsored stream. No discretion, no decision to be made, it must be imposed every single time.

Perhaps those people were applying through the tourist stream without the need for a family sponsor. In which case the 8503 is at the discretion of the CO.

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Old 06-03-2014, 12:20 AM
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Quote:
Originally Posted by bendf View Post
Hi Adam Thanks for your reply. My anecdotal experiences are mainly from those who study in Australia. Obviously international students without pr can only invite their parents here on tourist visa. However, I heard rumours that 8503 is not an absolute rule even with subclass 600 family sponsored stream, when applicants have visited australia on family sponosored visa before and returned on time. The second or 3rd time when they applied family sponsored visa, 8503 is usually not attached(that's the word from a migration agent, but sometimes they can be incorrect). But again, a lot of people I know sponsored their parents over on a visitor visa to look after pregnant daughter or newly born grandchild. Sometimes it's hard to know. Is the migration agent tole me true? The 2nd visitor visa either family or tourist has low chance of copping a 8503.
Correct i got 3 tourist visas and my last didnt have 8503.

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Old 06-03-2014, 05:31 AM
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Quote:
Originally Posted by couscous View Post
Correct i got 3 tourist visas and my last didnt have 8503.
The statement is incorrect. You may well have got one from the tourist stream, but the question regards the family sponsored stream. The stream is the important factor.

Anyone affected by this can feel free to get hold of a copy of the regulations and check for themselves or just trust the person trying to help you.

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