Stuck with a No Further Stay Condition? Here's How You Can Still Apply for a Partner Visa
Are you currently holding a visa with a ‘No Further Stay’ condition, it means that you cannot apply for another substantive visa while you are in Australia on that visa. However, there are options available to apply for a Partner Visa (Subclass 820/801) under certain circumstances.
Understand ‘No Further Stay’ - Condition 8503
The ‘No Further Stay’ - Condition 8503 on your visa prohibits you from making a new substantive visa application in Australia. This condition is often applied to visitor visas and some temporary visas.
Check Your Current Visa Conditions
Before applying for a Partner Visa, carefully review your visa grant notice to confirm the specific conditions attached to your visa. Confirm whether there are any exceptions that may allow you to apply for Subclass 820/801 visa. We suggest that you speak with an immigration lawyer.
Apply for a Partner Visa
If you are in a genuine relationship with an Australian citizen or permanent resident (PR) or an eligible New Zealand citizen, you may be eligible to apply for an Onshore Partner Visa (Subclass 820/801). However, as discussed above, if the visa you are currently holding has a ‘No Further Stay’ condition attached, these steps may help:
Seek professional advice from an immigration expert, such as an immigration lawyer or registered migration agent (RMA). They can help you determine the best next steps to address the condition.
In specific circumstances, you may be able to apply for a waiver of Condition 8503 - ‘No Further Stay’ to the Department of Home Affairs. You will need to provide compelling reasons for the waiver, such as relationship circumstances and changes in personal situations, or your safety will be at risk in your home country.
If you cannot obtain a waiver, you may consider applying for an Offshore Partner Visa (Subclass 309/100) outside Australia instead. That said, the applicant will need to leave Australia prior to lodging the Partner Visa (Subclass 309/100).
Related:
Partner Visa Application: What are the Common Mistakes to Avoid?
What is an ‘Eligible New Zealand Citizen' for a Partner Visa?
Whether applying onshore (if you managed to waive the condition) or for offshore Partner Visas, ensure you provide the required evidence to demonstrate your genuine and ongoing relationship. Additionally, ensure that you remain compliant with Australian immigration laws. Avoid overstaying any visa or breaching conditions, as this could affect future applications.
Related:
How Can Agape Henry Crux Assist
At AHC Lawyers, the team specialises in highly complex cases with careful planning and an in-depth understanding of migration laws with our Accredited Specialists in Immigration Law. Speak with one of our immigration lawyers for tailored advice, you can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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