Can a Lawyer Help With a Partner Visa While on a Visitor Visa With Condition 8503?

What does condition 8503 mean for a partner visa?

Condition 8503 means a visitor visa holder cannot be granted a substantive visa, including an onshore Subclass 820 partner visa, while remaining in Australia unless the condition is waived. The condition is printed on the visa grant notice and can be checked in VEVO. Our article on condition 8503 and the partner visa explains how the condition works.

When can condition 8503 be waived?

Condition 8503 can be waived only where compelling and compassionate circumstances developed after the visa was granted, the holder had no control over them, and they caused a major change in the holder's circumstances. Examples in departmental policy include the serious illness or death of a close family member, and events such as conflict or natural disaster that prevent the holder from leaving. Meeting someone and forming a relationship during the visit is often not enough on its own, because the relationship is usually seen as within the holder's control. Our article on the partner visa 8503 waiver explains the test in detail.

Does marriage or pregnancy during the visit change the answer?

Marriage during the visit does not usually change the answer on its own, because the decision to marry is within the couple's control. Other developments, such as a pregnancy with medical complications, the serious illness of the Australian partner or circumstances in the home country that arose after grant, may be relevant if they meet each part of the test. Each case depends on its evidence. Our article on partner visas while on a tourist visa covers common scenarios.

What happens if the waiver is refused?

If the waiver is refused, the holder generally cannot be granted a Subclass 820 in Australia, and the usual path is to depart before the visitor visa ends and apply for the offshore Subclass 309. The refusal of a waiver request is not a visa refusal, so it does not of itself trigger section 48. Our article on the partner visa after a visitor visa refusal and our page on the Subclass 309 visa explain the offshore route.

Should I lodge a partner visa before the waiver is decided?

A partner visa should generally not be lodged in Australia before a condition 8503 waiver is decided, because the visa cannot be granted while the condition remains in place, and an unsuccessful onshore application can bring its own consequences, including section 48 if the application is refused. The safer sequence is to seek the waiver, wait for the decision, and then lodge. Timing must be managed so the applicant does not become unlawful while waiting.

How does My Migration Lawyers approach a condition 8503 case?

My Migration Lawyers tests the facts against each part of the waiver test before anything is lodged, and tells the couple honestly if the waiver is unlikely to succeed. Where it has a proper basis, the firm prepares the written request with medical, family or country evidence that shows the change in circumstances after grant. Where it does not, the firm plans an offshore Subclass 309 application that the sponsor can lodge online with the applicant overseas. Couples can contact our partner visa lawyers before the visitor visa ends.