What Is Condition 8503 and Can I Get a Partner Visa?

What does condition 8503 mean for a partner visa?

Condition 8503 means that a visa holder in Australia cannot make a valid application for most substantive visas, including the Subclass 820 partner visa, while the condition applies. The condition is often attached to visitor visas, sponsored family visitor visas and some student or other temporary visas. A Subclass 820 lodged while condition 8503 applies is not a valid application. Our article on the partner visa No Further Stay condition explains how to check whether the condition is on a visa.

Can condition 8503 be waived for a partner visa?

Condition 8503 can be waived only where compelling and compassionate circumstances developed after the visa was granted, were beyond the holder's control, and caused a major change in the holder's circumstances. A new relationship alone often does not meet this test, because the Department usually sees forming a relationship as a matter within the person's control. Our article on the partner visa 8503 waiver explains what kinds of events have been accepted.

What circumstances may support an 8503 waiver?

Circumstances that may support an 8503 waiver include the death or serious illness of a close family member, a serious illness or injury of the holder that prevents travel, and a major disaster or conflict in the holder's home country, where the event happened after the visa was granted and the holder could not control it. Each request is decided on its own facts, and evidence of the event and its timing is essential. Our article on the Subclass 820 and the No Further Stay condition applies these principles to partner visa cases.

What are the options if a waiver is unlikely?

The main option where a waiver is unlikely is an offshore partner visa, because condition 8503 restricts applications made in Australia but does not prevent an application made from outside Australia. The applicant leaves Australia, and the Subclass 309 visa is lodged online while the applicant is offshore. Engaged couples may also consider the Subclass 300 prospective marriage visa. Our guide to the offshore partner visa explains the process.

Can I stay in Australia while an 8503 waiver is decided?

A person can generally stay in Australia while an 8503 waiver is decided only as long as their current visa remains in effect. A waiver request does not extend the visa or give a bridging visa. If the visa is close to expiry, the timing of any waiver request and of a possible offshore application must be planned together. Our article on a partner visa while on a tourist visa discusses this timing problem.

How does My Migration Lawyers approach a condition 8503 partner visa case?

My Migration Lawyers approaches a condition 8503 case by testing the client's facts against the waiver criteria honestly before any request is made. Where the facts meet the test, the firm prepares the waiver request with evidence of the change in circumstances and lodges the Subclass 820 visa application once the waiver is granted. Where they do not, the firm plans an offshore application so the couple do not lose time. Couples can speak with our partner visa lawyers about which path suits them.