Jump to content

Search the Community

Showing results for tags 'condition 8503'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Australian Visas and Migration
    • Frequently Asked Questions (FAQ's)
    • General Requirements for Australian Visas
    • Visitor Visas
    • Partner Visas
    • Family Visas
    • Bridging Visas
    • Resident Return Visas
    • Other Temporary Australian Visas
    • Other Permanent Australian Visas
    • Australian Permanent Residency
    • Health Criteria and Character Requirements for Australian Visas
    • Visa Conditions, Refusals, Cancellations, Reviews and Appeals
  • Australian Citizenship
    • Australian Citizenship
  • Migration to Other Countries
    • Visas and Migration to the UK
    • Visa's, Business and information for Thailand
  • News
    • Australia and Thailand Related News
    • Australian Visa & Migration News
  • Moving, Travelling, Living, Working and Studying in Australia
    • Travelling and Moving to Australia
    • Discount Flights
    • Travelling within Australia
    • Living in Australia
    • Studying in Australia
    • Working in Australia – Jobs and Careers
    • Real Estate in Australia - Renting, Buying and Investing
    • Business, Banking and Investment in Australia
    • Insurance
  • General
    • General Topics
    • Post Grad Students Returning to Thailand
    • Overseas Travel Advice & Warnings
  • Feedback and Suggestions
    • Feedback and Suggestions
    • Forum Announcements

Blogs

  • Australian Visa Forum
  • Australian Visa Forum
  • Mellu's Blog
  • maquesilix's Blog
  • khan's Blog
  • Extravagant's Blog
  • ThaivisaExpress' Blog
  • Natalia84's Blog
  • Kangaroo_Girl's Blog
  • afrocom1's Blog
  • Leigh Winstone's Blog
  • Philippines to Australia
  • Michelle1984's Blog
  • Michelle1984's Blog
  • Rob's
  • Poonam Rawal's Blog
  • Kazoo's Blog
  • imdhighways' Blog
  • maver95's Blog
  • praju
  • chloewalmsley's Blog
  • visit visa to partner visa
  • casandy248-2's Blog
  • casandy248-2's Blog
  • Jennifer's Blog
  • azahrita's Blog
  • kamal's Blog
  • tinexclan's Blog
  • tinexclan's Blog
  • terryince365's Blog
  • Pemaah's Blog
  • raj12345's Blog
  • emchaps' Blog
  • EB5 Visa Program
  • Patrick's Blog
  • Agentcis' Blog
  • keely's Blog
  • strawberry75's Blog
  • gaurav03jain's Blog
  • gaurav03jain's Blog
  • Andy77's Blog
  • nagracks69's Blog
  • Ely's Blog
  • 190 or 489 NEED HELP
  • carpy0126's Blog
  • ajito151's Blog
  • TOURIST VISA REFUSED
  • taraoates91's Blog
  • wawandozki's Blog
  • wawandozki's Blog
  • Salman's Blog
  • jigianand's Blog
  • Hugh's Blog
  • kizza's Blog
  • Brendan's Blog
  • Brendan's Blog
  • Brendan's Blog
  • PARTNER VISA SOS- I GOT MY VISA IN 6 WEEKS!
  • Ceila's Blog
  • annieh's Blog
  • rohailali's Blog
  • Aussieindian's Blog
  • elmac's Blog
  • Scope of Civil Engineer for Migration to Australia & PR Processing Time
  • simgha87's Blog
  • JEF's Blog
  • JEF's Blog
  • Immigration Document Verification
  • kew's Blog
  • The Shulman Law Group
  • (Text,Call or whatsapp:+1 (719) 297-5048) buy Cheap Vyvanse 80mg online/purchase Vyvanse Online/Order Vyvanse online (Text,Call or whatsapp:+1 (719) 297-5048)

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


AIM


MSN


Website URL


ICQ


Yahoo


Jabber


Skype


Location


Interests

Found 7 results

  1. The short answer is no, you can’t avoid condition 8503, but you can certainly take steps to lessen the chances of it being imposed on your visa. What is the no further stay condition? Condition 8503, commonly known as the ‘no further stay condition’, is a visa condition, that if imposed on your visa, will be prevent you from applying for another visa whilst you are in Australia. In very limited circumstances you may be able to get the condition waived, which would then allow you to apply for another visa whilst you are still in Australia, for example applying for a subclass 820 partner visa. Will my visa have this condition attached? This depends on the visa that you have applied for. For some visas it cannot be imposed, for others it must be imposed, and for some the Department has the discretion to impose it or not. Here are some examples of this: Electronic Travel Authority – cannot be imposed on this visa Visitor visa under the tourist stream – it may be imposed on this visa Visitor visa under the sponsored family stream – it must be imposed on this visa From the examples above, it can be seen that if you apply for a visitor visa under the sponsored family stream, then the condition must be attached to your visa. The Department does not have any discretion to not attach this condition. However, if you apply for a visitor visa under the tourist stream, they have a discretion as to whether to impose it or not. When will they attach Condition 8503? Anyone wanting to visit Australia must be able to satisfy the Department that they have a genuine intention to visit Australia temporarily. Many factors will be taken into consideration in assessing whether this intention exists. Assuming that you have applied for a visitor visa under the tourist stream, the Department may attach condition 8503 in circumstances where they are satisfied that you meet the criteria for the grant of a visitor visa, but nonetheless some residual concerns remain as to your intention to visit Australia temporarily, but those concerns are not sufficient enough to refuse your visitor visa application. Can I ask for the no further stay condition to not be put on my visa? Where the condition is discretionarily imposed, such as a visitor visa under the tourist stream, you cannot ask for it not to be imposed on your visa, and in fact doing so, you may very well raise suspicions that you do not have a genuine intention to visit Australia temporarily. The best way to lessen the chance of the no further stay condition being attached to your visa is by submitting a thoroughly prepared visitor visa application which clearly evidences that you have a genuine intention to visit Australia temporarily. See Also Related Topics: What is Condition 8503 How many times can I visit Australia on a visitor visa What is a genuine intention to visit Australia temporarily How can I apply for a partner visa in Australia How much money do I need for an Australian tourist visa
  2. As many people are aware it is incredibly rare to have the condition 8503 waived (removed) from one's visa. However the recent Federal Circuit Court decision of Nguyen v Minister for Immigration gives a valuable insight as to when a decision to refuse a waiver may be successfully challenged in the courts. A decision to refuse a condition 8503 waiver request cannot be reviewed by the Administrative Appeals Tribunal. Therefore in order to challenge any refusal to waive condition 8503 it is necessary to seek judicial review in the Federal Circuit Court and to demonstrate that the Department's decision maker misinterpreted the waiver provisions of the Migration Regulations, namely regulation 2.05(4), which provides that a waiver may be granted if since the grant of the visa containing the 8503 condition, compelling and compassionate circumstances have developed over which the visa holder had no control. Background of the applicant's case The applicant entered Australia from Vietnam in 2010 as the holder of a sponsored family visitor visa. Condition 8503 is a mandatory condition that must be imposed on sponsored family visitor visa. After the applicant's visa expired she remained in Australia for about 6 years as an unlawful non-citizen. In support of her application for a condition 8503 waiver, the applicant advanced a number of circumstances, which included that: She had married a man in Australia since the original visitor visa had been granted; She had become the step-mother of a girl whose mother had abandoned her at a young age; That she had developed a strong parental relationship with the step-daughter, who had become dependent on her for her well-being; That her husband, who had pre-existing medical conditions relating to a back injury and back surgery, had developed physical and emotional dependence on her; That her husband’s back injury had developed and he had been increasingly suffering pain; That her husband’s medical conditions meant that she had been increasingly providing essential care for him. Decision of the Department The Department held that since the applicant's husband's back injury had occurred many years prior to the grant of her sponsored family visitor visa, she could not rely on his medical condition for the purposes of a condition 8503 waiver. The Department also held that the applicant's marriage and her relationship with her step-daughter were matters that where within her control, and that she could therefore not rely on those factors either. The delegate had decided that since the applicant’s husband’s back injury had “occurred” in 2001, many years prior to the grant of her visitor’s visa, that the applicant could not rely on his medical condition for the purposes of a waiver of the no further stay condition, and that because the applicant’s marriage and her relationship with her step-daughter were matters that were within her control, she could not rely on these factors either. Question for the Court to decide Was the Department's interpretation of regulation 2.05(4) incorrect? The Federal Circuit Court held that it was. The Court held that the proper interpretation of Regulation 2.05(4) is not to look to when circumstances have “occurred” since the date of visa grant, but rather to look to whether the circumstances have “developed” since that time. It was the Court's view that there had been circumstances that had “developed” since the visa grant, such as the increasing pain and dependence of the applicant’s husband, and the strong parental relationship between the applicant and her step-daughter. The Court concluded that the Department had committed an error by limiting their analysis to whether the applicant had chosen to marry her husband and to form a relationship with her step-daughter, and disregarding other matters that were beyond the applicant’s control (for example, the age and gender of the applicant’s step-mother, that her step-daughter had been abandoned by her biological mother at a young age; and that her step-daughter and husband had become dependent upon her. What this Federal Circuit Court decision tells us is that when considering a court challenge of a refusal of a condition 8503 waiver, very careful attention needs to be paid to whether the Department (improperly) confined consideration to whether a particular circumstance first “occurred” prior to the grant of the visa, rather than whether the circumstance “developed”. And also: if the Department’s decision is limited to whether an applicant has married someone, and does not take into account other “consequential matters” – such as the development of strong emotional bonds between an applicant and step-children, or the development of strong dependency on an applicant for physical and emotional support – then again, the decision may be one that is affected by error, and may be able to be overturned. Follow the Australian Visa Forum on FACEBOOK and TWITTER
  3. Recently we had an inquiry from an Australian man living in Pattaya who wanted an Australian married partner visa for his Thai wife of almost six years. Because of his age he was no longer able to obtain affordable expat medical insurance in Thailand and had decided to make the move back to Australia with his wife as he could be better treated there under the Medicare system. He wanted to move back to Australia as soon as possible with his Thai wife and he approached us for professional Australian migration advice and assistance in order to make this happen. As he was legally married to his wife the correct visa pathway for her to migrate to Australia was a partner visa. A partner visa is for people that are either legally married or in a de facto relationship with their Australian partner. Where can I apply for an Australian partner visa? Our client wanted to know what partner visa, onshore or offshore, was best suited for his Thai wife? The answer to this was simple, and that is the one that best suits an applicant’s circumstances, and that they not only meet the criteria for, but are eligible to apply for as well. Although we were completely satisfied that both the applicant and sponsor met the partner visa criteria, because the applicant was located in Thailand, she was only able to apply for a partner visa in Thailand. This meant that she would need to be outside of Australia at both time of application and time of decision which could potentially be up to 20 months from date of application. If she wanted to visit her husband in Australia during this period, she would need to be granted a visitor visa. When it comes to partner visas, whether applying offshore or onshore, Australian visa processing times are very lengthy indeed. Our client had specifically informed us that it was his desire to move back to Australia with his wife as soon as possible. He also did not want the added expenses of applying for visitor visas for his wife, and flights back and forth from Thailand to Australia for what could be up to 20 months. How was our client was able to apply for a partner visa in Australia? On behalf of our client we firstly submitted a subclass 600 visitor visa under the tourist stream. Included with our client’s application was a lengthy written submission by us that addressed, with reference to the Migration Act and Regulations, the criteria for the grant of a visitor visa against our client’s circumstances. It also highlighted our client’s previous history of Australian visa compliance (she had previously travelled to Australia on 3 seperate visitor visas). Our objective was to submit a solid visitor visa application enabling the Department to make a favourable decision to grant her a visa. Our client was granted a 12-month multiple entry visitor visa permitting her to stay in Australia for a period of 3 months from the date of each arrival. Significantly her visitor visa did not have the Condition 8503 attached to it. This meant that whilst in Australia she could apply for the onshore partner visa. How can I guarantee that condition 8503 won’t be on my visa? The short answer is that you can’t, and nor can you ask for it not to be put on your visa. The best way to prevent it from being placed on your visa is by submitting a thoroughly prepared visitor visa application which leaves the Department with no doubt whatsoever that your intention is to visit Australia for a temporary visit only. In circumstances where the Department may have some residual concerns as to your genuineness, but these concerns are not enough to refuse your visitor visa application, this is when we usually see Condition 8503 imposed on a visitor visa. It is also important to note that for some visas, Condition 8503 must be imposed, that is, it is a mandatory condition. If our client had applied for a visitor visa under the sponsored family stream, then it would have had Condition 8503 attached to it, preventing her from applying for a partner visa in Australia. With regards to a visitor visa under the tourist stream, the Department had to discretion to imposed it or not, and in our client’s case the discretion exercised was to grant her a visitor visa without Condition 8503, therefore enabling her to apply for her partner visa in Australia.
  4. If you are an Australian citizen or Australian permanent resident your Thai wife may be eligible to apply for a partner visa to migrate to Australia. To be eligible for a partner visa you must be either legally married or in a de-facto relationship with your Thai partner. Supporting evidence must be provided that evidences that your relationship is genuine and continuing, and to the exclusion of all others. If you are not legally married or in a de-facto relationship you may want to consider a prospective marriage visa. Is a traditional Buddhist ceremony recognised as a legal marriage? No, it is not. Whilst a traditional Buddhist ceremony may be evidence of the genuineness of your relationship, it is not not legally recognised for Australian visa purposes. For a marriage in Thailand to be recognised it must be registered at a local district office in Thailand. How long for does it take for a partner visa to be granted? Partner visa processing time frames vary depending upon a number of factors. It is not uncommon for a partner visa to take up to two years to be granted. An applicant can avoid any unnecessary delays by providing all support documentation in a timely manner, and responding to any Department requests for further information within the time frame stipulated. How much does a partner visa cost? Partner migration is by no means inexpensive. The current partner visa application fee is $7160. This fee will increase by a further 5.4% on the 1 July 2019. If the application also includes any children, there will be an additional application fee for each child. In addition to the partner visa application fee, there will be additional charges for any required medicals, police checks and document translations. Can my wife apply for a partner visa in Australia? If your Thai wife wants to apply for a partner visa in Australia, she must be in Australia at time of application and holding a valid visa which does not have the Condition 8503 ‘no further stay’ attached to her visa. For example if your wife is in Australia on a subclass 600 visitor visa which has Condition 8503 attached to it, she will be prevented from applying for a partner visa whilst she is in Australia. Can my wife visit Australia during the processing of her partner visa application? Yes, she can apply for a visitor visa during the processing of a partner visa application. This what many of our client’s choose to do so as to lessen the time they have to spend apart from their partner. If your wife wants to visit you in Australia during the processing of her partner visa application, she will need to apply for another visa which allows her to do so, for example, a subclass 600 visitor visa. Even though she has made an application for a partner visa in Thailand, her visitor visa application must still evidence that her sole intention is to visit Australia as a genuine temporary visitor only. My wife has children from a previous relationship. Can they be included in her partner visa application? You wife’s children can be included in her partner visa application as secondary migrating applicant’s. There will be an additional visa application charge for each child that is added to her application. If you require any assistance in obtaining a partner visa for your Thai wife to migrate to Australia, please no not hesitate to contact us at Thai Visa Express for more information
  5. Hello all! I came across this forum as I am gearing up to apply for a partner visa. I am an American living in America with my Australian wife of 2+ years. We are planning to move back to Australia in December. I am looking at the possibilities and wondering if I go ahead and apply now, from offshore, or wait until December and apply onshore, so I will be able to work right away? From what I have seen, there is not many options for Bridging Visas if you apply offshore. However, if you apply from within Australia, you are pretty much always granted a bridging visa allowing you to work during the process. Am I correct in this assumption? Are you allowed to file for a Partner Visa upon entering the country on an ETA? Any help or advice would be greatly appreciated! Thank you!
  6. A question that we are often asked by client’s is whether they should apply for a partner visa in Australia or offshore. Both have certain advantages and disadvantages. Applying for a partner visa in Australia To apply for a partner visa in Australia, an applicant must be in Australia at time of application and holding a visa which allows them to apply for another visa whilst they are in Australia. For example, if your Thai wife applies for and is granted a visitor visa under the sponsored family stream, then her visitor visa will have the Condition 8503 no further stay attached to it. This means that she will be prevented from applying for a partner visa in Australia unless she can have the condition 8503 removed from her visa. This can only be done in very limited circumstances. If your Thai wife applies for a visitor visa under the tourist stream, her visitor visa may or may not have Condition 8503 attached to it. If it doesn’t, she will be able to apply for a partner visa in Australia. At Thai Visa Express the majority of our clients apply for visitor visas under the tourist stream. We rarely have applicants who apply under the sponsored family stream. Assuming that your Thai wife is able to apply for a partner visa in Australia, she will need to make a valid application prior to her current visa expiring. Once she makes her application, she will be granted a Bridging Visa A which will allow her to remain lawfully in Australia until a decision is made on her partner visa application. It is very important to note that the Bridging Visa A will not become active until her current visa ceases. Until then she must continue to comply with all of the conditions of her current visa. The processing time for an onshore partner visa application can take up to 2 years. During this time your Thai wife will be entitled to Medicare and have unlimited work and study rights. However, if she wishes to leave Australia during time she will need to apply for and be granted a Bridging Visa B. To be granted a Bridging Visa B to depart and return to Australia during the processing period of her partner visa application she will need to show that she has a substantial need to travel. Applying for a partner visa offshore To apply for a partner visa outside of Australia (offshore) your Thai wife must be outside of Australia at both time of application and decision. If she wishes to visit you in Australia during the processing period, she will need to apply for a visa which allows her to do so, for example a visitor visa. Any period of stay in Australia will be at the discretion of the Department. My wife has applied for a partner visa, can she be granted a visitor visa? The processing time for an offshore partner visa is up to 18 months from date of application. As previously stated, your Thai wife must be outside of Australia at both of time of application and time of decision. If she wants to visit you in Australia during this period, she must be granted a visitor visa. Many people mistakenly assume that because they have applied for a partner visa, that this automatically entitles them to a visitor visa. This is simply not the case. A partner visa and a tourist visa are assessed on very different criteria, and as such your Thai wife’s partner visa application is yet to be tested. Any visitor visa application must address all of the criteria for the grant of a visa which shows that the applicant’s intention is to visit Australia as a genuine temporary visitor only.
  7. Condition 8503 is the ‘No Further Stay’ condition that prevents the visa holder from applying for another visa, subject to very limited exceptions, whilst they are in Australia. For example, if you are in Australia on a visitor visa that is subject to Condition 8503 you will not be able to apply for a partner visa whilst you are in Australia. If you wish to apply for another visa you will have to apply whilst you are outside of Australia. How can I tell if my visa has Condition 8503? Your visa grant notice will list all of the conditions that your visa is subject to. You can also check your current visa status, and any conditions attached to your visa, through the Department’s Visa Entitlement Verification Online (VEVO) It is the responsibility of all visa holders to be fully aware of all of the conditions attached to their visa. Failure to comply with a visa condition can have serious consequences, including having your visa cancelled. If your visa is cancelled whilst you are in Australia, you will become an unlawful non-citizen, and may be removed from Australia. Will my visa have Condition 8503? This will depend on the visa that you have been granted. For some visas, Condition 8503 cannot be attached, for others it may be attached, and for some it must be attached. Here are some examples: Electronic Travel Authority (subclass 601) – Condition 8503 cannot be attached Visitor visa – tourist (subclass 600) – Condition 8503 may be attached Visitor visa – sponsored family stream (subclass 600) – Condition 8503 must be attached Can I ask for Condition 8503 not to be on my visa? No, you cannot ask the Department to not attach Condition 8503 to your visa. Can I have Condition 8503 removed from my visa? To have Condition 8503 removed from your visa, you will need to be granted a waiver of the ‘No Further Stay’ condition. A waiver can only be granted if ‘compelling and compassionate circumstances have developed since you were granted your visa, over which you had no control, and these circumstances have resulted in a major change to your circumstances’. How do I request a Condition 8503 waiver? You will need to provide supporting evidence to the Department that supports your no further stay waiver request. This can be done using the Department’s Form 1447. It is essential that your request meets the criteria for a waiver. If it doesn’t, your waiver request will not be successful. How long does a Condition 8503 waiver request take? A waiver is not automatic. Your waiver request will be decided by assessing your circumstances against the criteria for a successful grant of a waiver. A waiver request can take many weeks to be decided. If your waiver request is not decided before your current visa ends, you will become an unlawful non-citizen, and may be removed from Australia. If you feel that you may be eligible for a Condition 8503 please contact us at Thai Visa Express for more information.
×
×
  • Create New...