Guest arty Posted November 5, 2010 Share Posted November 5, 2010 Hi I was wondering if anyone has had any experience lodging a partner visa offshore. My partner and I were planning on lodging onshore until he got an 8503 condition placed on his tourist visa. So now it looks like we will have to apply offshore and I have a few questions: 1. what exactly does it mean to apply offshore? my partner is o/s at the moment but flying into aus on a tourist visa in one week - could he apply now by sending his application in, does it matter when they receive it that he may not be physically offshore? I know they will not grant it until he is overseas but will they even begin processing it if he is not offshore? 2. would it be an issue that he comes into aus on a tourist visa while the partner visa is been processed overseas? he has return flights booked... This whole process has been really tough, every time we seem to be making progress it appears we get thrown back. if anyone can help us make sense at this difficult time it would be appreciated. Thanks in advance everyone Link to comment Share on other sites More sharing options...
Guest guest33730 Posted November 5, 2010 Share Posted November 5, 2010 Arty, Firstly a HUGE welcome to PIO - hopefully you will enjoy the site and find lots of interesting info. Regarding your own question, hopefully someone will be along soon to give an answer soon All the best Daniel Link to comment Share on other sites More sharing options...
Ozmaniac Posted November 6, 2010 Share Posted November 6, 2010 He won't be able to apply for his Partner visa while he is in Australia on a Tourist visa that carries a condition 8503. A DIAC fact sheet on 8503s is absolutely unequivocal on that point. It says: "if imposed, you cannot apply for further visas (see above) while you are in Australia – this includes not being able to send an application from Australia to an Australian Embassy, High Commission, Consulate or other Australian visa office overseas (or to a Processing Centre in Australia that deals with 'offshore' applications, such as Parent visa)." Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay" Link to comment Share on other sites More sharing options...
RockDr Posted November 8, 2010 Share Posted November 8, 2010 He has to lodge an offshore application (i.e. be offshore when it is submitted). Would it be possible for him to drop by the embassy to submit it before he flies out? He is allowed to visit australia on a valid visa (his tourist visa) while his application is being processed. Once the visa is ready to grant, his CO will email to say it's ready and to let them know when he'll be offshore again so they can grant it. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted November 8, 2010 Share Posted November 8, 2010 Hi All Condition 8503 can be waived if the person's circumstances have changed since 8503 was imposed and the person travelled to Oz, knowing that 8503 was in place. The change in circumstances must be a change that is beyond the visa holder's control. Falling in love does not upset 8503. Pregnancy usually does upset 8503, though. The Original Poster has not told us whether anything has changed and, if so, what has changed. Cheers Gill Link to comment Share on other sites More sharing options...
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