Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members

..and much much more!

Sign in to follow this  
Guest LauriandBen

Waiver of 8503 Condition - Anyone Successful???

Recommended Posts

Guest LauriandBen

Hi All

Edited by LauriandBen

Share this post


Link to post
Share on other sites
It is extremely upsetting and frustrating that we have tried to go about things the right way and now seem to be paying the price for it.

 

Entering Australia on a visitor visa, when the intention is to stay indefinitely is not going about things the right way. If there is intent to stay, clearly your partner is not a visitor.

 

The requirement is not to live together for 12 months, but to show evidence of a defacto relationship for 12 months - so if you had evidence of the relationship back as far as 2009 you could have applied offshore.

Share this post


Link to post
Share on other sites
Guest LauriandBen
Edited by LauriandBen

Share this post


Link to post
Share on other sites
Ummmm so what I was trying to get across was that we thought we were doing the right thing by applying for the visitor visa first and then seeing if we would actually want to stay together/live together etc. We were no where near as serious about each other then as we are now, having lived together in our own house, shared expenses etc. So he didn't enter on that visa with the intent to stay indefinitely, it was more of a case of we wanted to see how things went between us before we spent such a large sum of money on the partner visa and see if we were both committed to the relationship.

 

I did realize that you don't actually have to live with each other for 12 months, but be able to prove you were together for 12 months to apply for the partner visa, but you have to prove this in the form of shared expenses, bills etc as well as stat dec's from people declaring our relationship to be true etc. While we could have easily got the stat dec's done and applied for the Partner Visa in the beginning, we did not have much other "evidence" of a partnership since he was in England, and me here.

 

There is no requirement that you be living together for 12 months to apply for a partner visa.

 

Had you been properly advised, you would not have applied for a 12 month visitor visa, which was almost certain to attract the imposition of condition 8503.

 

It is only in exceptional circumstances that condition 8503 would be waived and as a rule it is re-imposed on a further visa; the possibility of having it waived to allow an onshore application is remote.

 

Your best strategy is probably to prepare a partner visa application and go offshore to lodge it.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

×