Can I Apply for an Onshore Partner Visa If I’m On a Visitor Visa SC600?
If you are on a Visitor Visa (Subclass 600) visiting your partner in Australia and are considering applying for an Onshore Partner Visa (Subclass 820/801) to continue your relationship with your partner together. There may be some potential challenges involved if your Visitor Visa (Subclass 600) comes with a “No Further Stay” condition (Condition 8503).
What is a Visitor Visa (Subclass 600)?
The Visitor visa (SC 600) allows individuals to visit Australia for tourism purposes, such as for a holiday or to visit family and friends. This visa typically grants you a temporary stay in Australia, usually for a period of up to 3, 6 or 12 months, depending on the specific visa conditions.
What is the Onshore Partner Visa (Subclass 820/801)?
The Onshore Partner Visa (Subclass 820/801) is designed for individuals in an ongoing and genuine relationship with an Australian citizen, permanent resident, or an eligible New Zealand citizen. This visa allows you to live in Australia while your application is being assessed, leading to a pathway to permanent residency (PR).
What is Condition 8503 - No Further Stay?
One primary challenge when applying for an Onshore Partner Visa (SC 820/801) while holding a Visitor visa (SC 600) is from Condition 8503, also commonly known as the “No Further Stay” condition. This condition, if applied to your SC600 visa, effectively prevents you from applying for most visas, including SC820/801, while in Australia.
If your visitor visa is attached with Condition 8503, you cannot apply for a different visa while in Australia.
Individuals can request an exemption to Condition 8503. However, these are assessed on a case-by-case basis and require compelling reasons to waive the conditions.
If you believe that you can demonstrate compelling reasons for a visa condition waiver, consult with an Immigration Lawyer for guidance on how to approach this process.
Are There Any Alternatives to Consider?
If you find yourself in this situation, there are a few alternative pathways you can consider. Applying for an Offshore Partner Visa (Subclass 309/100) if you are unable to apply for an Onshore Partner Visa (SC 820/801). Speak with an Immigration Lawyer to discuss your visa pathway to meet your objective.
Related:
Do We Need To Live Together Before Applying For A Partner Visa?
Arranged Marriage & Partner Visas: How to Provide Genuine Evidence?
Partner Visa Application: Onshore (Subclass 820/801) or Offshore (Subclass 309/100)
How Can Agape Henry Crux Assist
While Australia’s partner visa may seem straightforward, without proper checks on your current visa conditions, it may result in a visa refusal. At AHC Lawyers, our experienced lawyers specialise in assisting with complex cases, strategising to ensure the best results. We highly suggest that you speak with one of our Accredited Specialists in Immigration Law for professional 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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