Spouse visa 820 onshore , burning question 8503

[Guest OzzyGermany]

can not sleep at night, burning question :arghh:

my wife has a 8503 on their visa circumstance, we can still apply for the spouse visa? :confused:

Or we must first apply for the cancellation of this circumstance? :confused:

Thank you in advance for any replies :hug:

[Peach]

can not sleep at night, burning question :arghh:

my wife has a 8503 on their visa circumstance, we can still apply for the spouse visa? :confused:

Or we must first apply for the cancellation of this circumstance? :confused:

Thank you in advance for any replies :hug:

 

It would seem unlikely that your wife can get 8503 removed and therefore she cannot apply onshore for a partner visa:

Waiver of condition 8503

 

Requesting a waiver of condition 8503

 

It is not possible to request that a mandatory condition 8503 be left off your visa at the time you apply for the visa. However, if you are in Australia holding a visa with condition 8503 imposed on it and your circumstances change, there is provision to waive the condition in limited circumstances that are set out at Regulation 2.05(4) of Australia's migration legislation.

This regulation states:

The circumstances in which the Minister may waive [condition 8503] are:

(a) since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:

(i) over which the person had no control; and

(ii) that resulted in a major change to the person's circumstances; and

(b) if the Minister has previously refused to waive the condition, the Minister is satisfied that the circumstances mentioned in paragraph (a) are substantially different from those considered previously; and

© if the person asks the Minister to waive the condition, the request is in writing'.

Because this is law, it is not possible for the department to consider waiving the condition for any other reasons.

Therefore, if you do request a waiver of condition 8503, the departmental officer who considers your request must be satisfied that all the above requirements apply in your case, namely that:

 

 

• the circumstances that have developed since you were granted the visa are both compassionate and compelling

• you had no control over these circumstances

• these circumstances have resulted in a major change to your personal circumstances.

 

Waiver is not automatic – each request is decided by assessing your particular situation against the above legal requirements.

 

 

http://www.immi.gov.au/media/fact-sheets/52bWaiving_Condition8503.htm

 

 

My suggestion would be that you seek professional help and prepare for your wife to leave Australia - so that she can apply offshore.