Changing 676 visa onto partners 457 visa BUT 8503 restriction

[spudmonkey32]

Hi,

I wonder if anyone could offer me any advice. My partner has been in Melbourne since May this year on a 457 visa. At the time of her application as I didn't qualify as defacto I came to Australia in August on a 12 month 676 tourist visa. I would like to change over my visa to be attached to her 457 to enable me to work but I have 8503 condition attached to my visa. I have called immigration for advice, and they said that I can only lodge an application outside of Australia.

So as i see it my options are:

1) Try to get the 8503 condition waived - but as i understand it from the factcheet I don't really have a compelling reason to get this done, but is it worth trying anyway?

2) Leave Australia for a short break to NZ or Asia and lodge an application for a defacto 457 visa then come back in on my 676 visa as its valid until July 2011

Can anyone tell me if they have attempted either of these options before? My main concern is that if i left I wouldn't be able to get back in the country as immigration will notice that i've lodged another application and will question my 'tourist' status.

Any help would be greatly appreciated.
Thanks
Ian

[spudmonkey32]

UPDATE:

Went to immigration today, and they advised the following:

Apply for a waiver (but to be honest i don't have any extenuating circumstances)
Apply for subsequent applicant on my partners 457 visa on a paper form (even though i have condition 8503 she advised it was possible)
Leave the country and apply offshore then re-enter country on my tourist visa which may take some explaining as to what my purpose is to immigration

Can anyone tell me if they have lodged an onshore paper application with 8503 and it was successful? the advice i recevied defines logic so before i pay my fee i want to know if this is correct.

Cheers
Ian

[dieslacik]

hey there :)
i can see that no one managed to answer you inquiry :(
what is you situation now? did you manage to change you visa?

me and my bf are having the same problem - dont have enough proof for defacto relationship so trying to see if we can go the tourist visa route and then change to 457...
but i came across this 8503 condition and Im worried they will impose it on my tourist visa too :(

heeeeelp!

hope all worked out for you...

[spudmonkey32]

Hi,

I was successful in getting my 457 visa, but i had to leave the country to apply - I was flying back to Europe for a short break anyway so it worked out nicely. It took less than one week to get the visa and i applied for it the day after I left Australia. So in theory i could have just gone for a short holiday in NZ but i would never had guessed that it would have been processed that quickly, an immigration lawyer advised me that it would take up to 2 months.

Hope this helps, best of luck
Ian

hey there :)
i can see that no one managed to answer you inquiry :(
what is you situation now? did you manage to change you visa?

me and my bf are having the same problem - dont have enough proof for defacto relationship so trying to see if we can go the tourist visa route and then change to 457...
but i came across this 8503 condition and Im worried they will impose it on my tourist visa too :(

heeeeelp!

hope all worked out for you...

[dieslacik]

thatnx for ur quick reply! glad to hear all worked out for you :)
seems like its worth a shot.
luckily we are getting assistance from my bf company in Auz so hopefully all will be good.

enjoy ur life down under :spinny: