Many visas are granted with a Condition 8503 attached to them. This condition prevents you from making a further visa application while you remain in Australia. The policy rational, in part, for this is to prevent people coming to Australia on a visitor visa (although they can be imposed on a number of temporary visas) and then simply making another visa application to extent your stay.

Migration law and policy provides a number of exceptions to allow you to apply for a waiver of this condition and thereby enable you to make a further visa application in Australia.

In short, you must show the following to be successful in obtaining a waiver of condition 8503:

  • There are compelling and compassionate reasons justifying the waiver of the condition, because;
  • There has been a material change in your circumstances since the grant of your last visa, and
  • That material change in your circumstances was beyond your control.

Importantly, a waiver of condition 8503 must be sought at the time your visa application is made.

This is a complex area highlighted by the following example. If you came to Australia on a visitor visa and you met and fell in love and entered into a relationship with an Australian and then subsequently fell pregnant, you may think that there are good reasons why you should be able to make a partner visa application while you are in Australia. You might argue that falling in love with an Australian and wanting to remain with them would be compelling and it would be compassionate to allow you to remain. Furthermore, you may think that falling pregnant was a material change in your circumstances.

However, falling pregnant is not considered a circumstance beyond your control according to migration policy. As a result, you would be unable to obtain the waiver and remain in Australia. You would have to leave Australia.

The example given above is but one that the policy specifically addresses, however there may be a number of circumstances in which you may find yourself that would come within the policy guidelines, or if not addressed specifically by policy, you may have an arguable case.

It is very important that when seeking a waiver of condition 8503 that all the circumstances of your case are considered. Great care and preparation must be made to ensure that your case is assessed on its individual merits and appropriate documentation supplied to the Department of Immigration.

Fees

Professional Fees (8503 waiver application)                                                              $1600

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