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Sarah_83

Is it possible to have Condition 8503 waived?

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I am sure this has been asked and answered here on the forum, but I would appreciate any help. My boyfriend is currently in Australia on a tourist visa and has to leave in a little over 2 weeks as his 3 months will be up. This is his third visit to Australia and he has always complied with all of the the conditions of his tourist visas. We would have spent a total of 9 months together in Australia in the last year. Prior to this we lived together in Vietnam for 18 months, and had a lease in our joint names. I was working in Hanoi at an International School.

A few days ago we got thinking about our future plans together, and we are confident we would meet the de-facto criteria for a partner visa. However, my boyfriend's tourist visa has the condition 8503 attached to it. My understanding of this is that he cannot therefore apply for the partner visa in Australia unless he can get the Condition 8503 waived. Is this correct?

Has anyone had any success with having the condition 8503 waived? Could we plead our case to the Department of Immigration that we want to apply for the partner visa in Australia because to apply overseas will mean we will be apart for over a year. Will they take compassionate circumstances into account?

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21 minutes ago, Sarah_83 said:

I am sure this has been asked and answered here on the forum, but I would appreciate any help. My boyfriend is currently in Australia on a tourist visa and has to leave in a little over 2 weeks as his 3 months will be up. This is his third visit to Australia and he has always complied with all of the the conditions of his tourist visas. We would have spent a total of 9 months together in Australia in the last year. Prior to this we lived together in Vietnam for 18 months, and had a lease in our joint names. I was working in Hanoi at an International School.

A few days ago we got thinking about our future plans together, and we are confident we would meet the de-facto criteria for a partner visa. However, my boyfriend's tourist visa has the condition 8503 attached to it. My understanding of this is that he cannot therefore apply for the partner visa in Australia unless he can get the Condition 8503 waived. Is this correct?

Has anyone had any success with having the condition 8503 waived? Could we plead our case to the Department of Immigration that we want to apply for the partner visa in Australia because to apply overseas will mean we will be apart for over a year. Will they take compassionate circumstances into account?

Firstly, to get a successful condition 8503 waiver takes time for consideration - generally up to a month (28-days). I have also known of waiver requests that have taken months too. If the 8503 waiver is not decided by the time the tourist visa expires, and the visa holder has not departed Australia, they will be an unlawful non-citizen. Not a good position to be in.

Based on what you have posted, I can confidently say that your boyfriend would have no grounds for having condition 8503 waived. Below is in general terms what needs to be satisfied to get an 8503 waiver.

  1. circumstances that have developed since you were granted the visa are both compassionate and compelling
  2. you had no control over these circumstances
  3. these circumstances have resulted in a major change to your personal circumstances.

Below are a few links you might find interesting from previous posts on the forum which have dealt specifically with Condition 8503 waivers:

Is being pregnant grounds for having Condition 8503 no further stay waived from my visa

Successful condition 8503 waiver

 

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Thanks for the prompt reply. I thought it was a long shot.

Another question. If my boyfriend applies in Vietnam for the de-facto partner visa, I was reading that he can come back to Australia on a bridging visa during the processing time, is that correct? 

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Just now, Sarah_83 said:

Thanks for the prompt reply. I thought it was a long shot.

Another question. If my boyfriend applies in Vietnam for the de-facto partner visa, I was reading that he can come back to Australia on a bridging visa during the processing time, is that correct? 

No, that is definitely not the case. If he applies offshore in Vietnam, he must be offshore at both date of application and date of decision. During the processing time period he can apply for a visitor visa to come to Australia, but that application will still be assessed against the criteria for the grant of a visitor visa. 

The bridging visa you are referring to relates to an onshore application. For example, if a person is in Australia and they hold a visitor visa without the condition 8503, and they apply for another visa, the bridging visa will activate when their current visa expires. The bridging visa allows them to remain lawfully in Australia whilst their visa application is being processed. 

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Thanks again. So it looks like the only option is to apply for the partner visa back in Vietnam. With the processing taking well over a year, would it be possible for my for boyfriend to apply for a 12 month visitor visa. He has being to Australia 3 times in the last 12 months and stayed for 3 months on each visit, so he has a good history of Australian visa compliance. If he was granted a 12 month visitor visa it would lessen the hardship of us being apart for such a long period of time. With my current work in Australia, I would only be able to visit him in Vietnam for a week or two at  most in the next 12 months. What are the chances of him being granted a 12 month visitor visa to stay in Australia during the processing of his partner visa. Thanks again for all the help here on the forum.

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On 8/9/2018 at 3:35 PM, Sarah_83 said:

Thanks again. So it looks like the only option is to apply for the partner visa back in Vietnam. With the processing taking well over a year, would it be possible for my for boyfriend to apply for a 12 month visitor visa. He has being to Australia 3 times in the last 12 months and stayed for 3 months on each visit, so he has a good history of Australian visa compliance. If he was granted a 12 month visitor visa it would lessen the hardship of us being apart for such a long period of time. With my current work in Australia, I would only be able to visit him in Vietnam for a week or two at  most in the next 12 months. What are the chances of him being granted a 12 month visitor visa to stay in Australia during the processing of his partner visa. Thanks again for all the help here on the forum.

Your boyfriend can certainly apply for a tourist visa to visit Australia during the processing of his partner visa. One issue I can see is that in the last 12-months he has already spent 9 months in Australia on three tourist visas. To now apply for a 12 month tourist visa might cause some issues as the length of time permitted to stay in Australia then would be more than 12 months in a 2 year period. However, processing time frames have blown out significantly and I think the Department of Immigration have become a bit lenient in recent times. At the end of the day, the tourist visa program isn't to be used for multiple back-to-back tourist visas as a back door way of maintaining a sort of de-facto residence in Australia. In applying for the partner visa, you have negated this inference. All the best. 

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3 minutes ago, Sarah_83 said:

Thanks so much Kanga. Just one question please. Is it possible to ask that Condition 8503 not be put on the tourist visa? This would then mean my boyfriend could apply for the partner visa in Australia. 

You cannot request a 'No Further Stay' condition be left off your visa at the time you apply for the visa. 

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