Waiving Visa Condition 8503

[simro]

I was giving advice before I left Phuket Thailand not to put in an application for my wife to stay in Australia from Thailand but to apply for a tourist visa and change the visa from Australia, well it appears that was bad advice from a man I know to be a barrister and immigration agent.

I applied for the tourist visa for my wife from Phuket and was not aware of the "No further stay” (8503) condition stamped on my wife’s passport until the day we left for Australia as the passport was sealed at the VFFS in Bangkok and they could not tell me if my wife had the visa due to it being sealed.

So on the 20th September (Thai Government take over) I took a taxi from the airport to pick up the passport and returned to the airport no fully aware what the condition 8503 meant!

We arrived in Australia on the 21st September and it would appear to me that I have until the 20th December to try and keep my wife with me.

Has any one information on section 52b for waiving visa condition 8503.

At the time of the application I had contact with Robert Chambers at the Australian Embassy in Bangkok, I called Robert and was having a conversation with him and at the same time some one from the Australian Embassy in Bangkok called my wife unknown to me conflicting information was given to the other person from the embassy, this was due to my wife’s friend who was telling my wife what to say.

The girl was a friend of my wife and did not want my wife to leave as she was her only friend at work, so when my wife was asked are you coming back the answer was NO!

Also asked do you have a return ticket my wife said no, this part was irrelevant as my father who fitted the criteria for a sponsor was also a sponsor for accommodation and money’s

[aussiestyle1983]

My wife had the same condition on her old Oz tourist visa ( i just looked in her passport ). As far as I am aware the info you were provided was correct, she could apply for a migrant visa whilst in australian on a tourist visa, then immigration would just extend the tourist visa ( or issue a different type of visa ) untill a decision was made on the migrant visa. I dont know what that condition actually means but I believe that it would be stamped on all tourist visas just as a precaution to make people aware that they can not extend their visa, but written those words it does not say you cant try to change your visa type or apply for a new visaa whilst in Oz. I think all is well, but you need to contact immigration there and ask them, just one phone call would be all it would take but you will have to wait untill monday. Not that this is relevant, but my Thailand visa also has a similar stamp on it stating "extension of stay not permitted" but I got it extended at immigration here. Immigration are the ones that make all the decisions and they can change a visa or issue a new visa to a person as they like, so im sure all you would have to do is apply for her migrant visa as soon as possible to get the ball rolling.

[Thanyaburi Mac]

I was giving advice before I left Phuket Thailand not to put in an application for my wife to stay in Australia from Thailand but to apply for a tourist visa and change the visa from Australia, well it appears that was bad advice from a man I know to be a barrister and immigration agent.

I applied for the tourist visa for my wife from Phuket and was not aware of the "No further stay” (8503) condition stamped on my wife’s passport until the day we left for Australia as the passport was sealed at the VFFS in Bangkok and they could not tell me if my wife had the visa due to it being sealed.

So on the 20th September (Thai Government take over) I took a taxi from the airport to pick up the passport and returned to the airport no fully aware what the condition 8503 meant!

We arrived in Australia on the 21st September and it would appear to me that I have until the 20th December to try and keep my wife with me.

Has any one information on section 52b for waiving visa condition 8503.

At the time of the application I had contact with Robert Chambers at the Australian Embassy in Bangkok, I called Robert and was having a conversation with him and at the same time some one from the Australian Embassy in Bangkok called my wife unknown to me conflicting information was given to the other person from the embassy, this was due to my wife’s friend who was telling my wife what to say.

The girl was a friend of my wife and did not want my wife to leave as she was her only friend at work, so when my wife was asked are you coming back the answer was NO!

Also asked do you have a return ticket my wife said no, this part was irrelevant as my father who fitted the criteria for a sponsor was also a sponsor for accommodation and money’s

Do a google for: condition 8503

There's a lot of internet hits on the subject. Here's just two:

http://www.immi.gov.au/media/fact-sheets/5...ndition8503.htm

and: www.iarc.asn.au/publications/pdfs/cond8503.pdf

CONDITION 8503 - NO FURTHER STAYFile Format: PDF/Adobe Acrobat - View as HTML

In most cases (see exception below**) an 8503 condition means that you are ... you leave Australia (if you re-enter Australia than the condition 8503 will ...

www.iarc.asn.au/publications/pdfs/cond8503.pdf

Waiver:

The types of situations that are generally not considered to be compelling and compassionate under the Department’s policy include:

• marriage to an Australian citizen – this is not sufficient because marriage is not beyond your control;

• pregnancy – this is generally not considered to be outside your control (although complications in

pregnancy or child birth may be);

• deterioration of an existing serious illness or medical condition;

• failure to complete a course of study; and

• elective surgery.

xxxxxxxxxxxxxxxxxxxxxxx

Mac

[gburns57au]

I was giving advice before I left Phuket Thailand not to put in an application for my wife to stay in Australia from Thailand but to apply for a tourist visa and change the visa from Australia, well it appears that was bad advice from a man I know to be a barrister and immigration agent.

I applied for the tourist visa for my wife from Phuket and was not aware of the "No further stay” (8503) condition stamped on my wife’s passport until the day we left for Australia as the passport was sealed at the VFFS in Bangkok and they could not tell me if my wife had the visa due to it being sealed.

So on the 20th September (Thai Government take over) I took a taxi from the airport to pick up the passport and returned to the airport no fully aware what the condition 8503 meant!

We arrived in Australia on the 21st September and it would appear to me that I have until the 20th December to try and keep my wife with me.

Has any one information on section 52b for waiving visa condition 8503.

At the time of the application I had contact with Robert Chambers at the Australian Embassy in Bangkok, I called Robert and was having a conversation with him and at the same time some one from the Australian Embassy in Bangkok called my wife unknown to me conflicting information was given to the other person from the embassy, this was due to my wife’s friend who was telling my wife what to say.

The girl was a friend of my wife and did not want my wife to leave as she was her only friend at work, so when my wife was asked are you coming back the answer was NO!

Also asked do you have a return ticket my wife said no, this part was irrelevant as my father who fitted the criteria for a sponsor was also a sponsor for accommodation and money’s

The answer is you cannot waive the 8503 condition, it takes exceptional circumstances for this to be waived, nothing you have stated so far indicates that exceptional circumstances apply in your case....nor can you apply for a more substantive visa while she is in Oz on a Tourist visa....

She will have to go back before the 21/12....

Obviously that call had no effect on the outcome of the application. I am surprised that she was allowed into Oz without a return ticket....irrespective of your fathers sponsorship.

[Jamnjam]

I was giving advice before I left Phuket Thailand not to put in an application for my wife to stay in Australia from Thailand but to apply for a tourist visa and change the visa from Australia, well it appears that was bad advice from a man I know to be a barrister and immigration agent.

I applied for the tourist visa for my wife from Phuket and was not aware of the "No further stay” (8503) condition stamped on my wife’s passport until the day we left for Australia as the passport was sealed at the VFFS in Bangkok and they could not tell me if my wife had the visa due to it being sealed.

So on the 20th September (Thai Government take over) I took a taxi from the airport to pick up the passport and returned to the airport no fully aware what the condition 8503 meant!

We arrived in Australia on the 21st September and it would appear to me that I have until the 20th December to try and keep my wife with me.

Has any one information on section 52b for waiving visa condition 8503.

At the time of the application I had contact with Robert Chambers at the Australian Embassy in Bangkok, I called Robert and was having a conversation with him and at the same time some one from the Australian Embassy in Bangkok called my wife unknown to me conflicting information was given to the other person from the embassy, this was due to my wife’s friend who was telling my wife what to say.

The girl was a friend of my wife and did not want my wife to leave as she was her only friend at work, so when my wife was asked are you coming back the answer was NO!

Also asked do you have a return ticket my wife said no, this part was irrelevant as my father who fitted the criteria for a sponsor was also a sponsor for accommodation and money’s

It's interesting what Australian Lawyers think about the act that brought this 8503 condition into being, which was about 5 years ago. It seems that a lot of couples have applied for a SV in Oz with this 8503 condition stamped on their visa and that their visa was refused (after happily taking the $2000 application fee). It's a good thing that you did spot this condition sooner than later. This condition allows embassy officials to get around the discrimination laws. Was that the intention of big brother? Who knows!

Good luck with the whole system Simro.reg8503.pdf

[simro]

My wife had the same condition on her old Oz tourist visa ( i just looked in her passport ). As far as I am aware the info you were provided was correct, she could apply for a migrant visa whilst in australian on a tourist visa, then immigration would just extend the tourist visa ( or issue a different type of visa ) untill a decision was made on the migrant visa. I dont know what that condition actually means but I believe that it would be stamped on all tourist visas just as a precaution to make people aware that they can not extend their visa, but written those words it does not say you cant try to change your visa type or apply for a new visaa whilst in Oz. I think all is well, but you need to contact immigration there and ask them, just one phone call would be all it would take but you will have to wait untill monday. Not that this is relevant, but my Thailand visa also has a similar stamp on it stating "extension of stay not permitted" but I got it extended at immigration here. Immigration are the ones that make all the decisions and they can change a visa or issue a new visa to a person as they like, so im sure all you would have to do is apply for her migrant visa as soon as possible to get the ball rolling.

Thank you for the information.

[simro]

I was giving advice before I left Phuket Thailand not to put in an application for my wife to stay in Australia from Thailand but to apply for a tourist visa and change the visa from Australia, well it appears that was bad advice from a man I know to be a barrister and immigration agent.

I applied for the tourist visa for my wife from Phuket and was not aware of the "No further stay” (8503) condition stamped on my wife’s passport until the day we left for Australia as the passport was sealed at the VFFS in Bangkok and they could not tell me if my wife had the visa due to it being sealed.

So on the 20th September (Thai Government take over) I took a taxi from the airport to pick up the passport and returned to the airport no fully aware what the condition 8503 meant!

We arrived in Australia on the 21st September and it would appear to me that I have until the 20th December to try and keep my wife with me.

Has any one information on section 52b for waiving visa condition 8503.

At the time of the application I had contact with Robert Chambers at the Australian Embassy in Bangkok, I called Robert and was having a conversation with him and at the same time some one from the Australian Embassy in Bangkok called my wife unknown to me conflicting information was given to the other person from the embassy, this was due to my wife’s friend who was telling my wife what to say.

The girl was a friend of my wife and did not want my wife to leave as she was her only friend at work, so when my wife was asked are you coming back the answer was NO!

Also asked do you have a return ticket my wife said no, this part was irrelevant as my father who fitted the criteria for a sponsor was also a sponsor for accommodation and money’s

The answer is you cannot waive the 8503 condition, it takes exceptional circumstances for this to be waived, nothing you have stated so far indicates that exceptional circumstances apply in your case....nor can you apply for a more substantive visa while she is in Oz on a Tourist visa....

She will have to go back before the 21/12....

Obviously that call had no effect on the outcome of the application. I am surprised that she was allowed into Oz without a return ticket....irrespective of your fathers sponsorship.

Please give me the section in the Migration regulations 1994 where it says I can not apply for a more substantive visa and where it says my wife has to go back to her originating country?

Please supply information where it says you have to have a return ticket. Please explain what you would judge be exceptional circumstances.

[Jamnjam]

Please give me the section in the Migration regulations 1994 where it says I can not apply for a more substantive visa and where it says my wife has to go back to her originating country?

Please supply information where it says you have to have a return ticket. Please explain what you would judge be exceptional circumstances.

Simro, do a quick google search for "8503 condition". This will satisfy all the questions you have a bout this conditional stamp. Also read the attachment I added to my last posting above.

Good luck.

[gburns57au]

Please give me the section in the Migration regulations 1994 where it says I can not apply for a more substantive visa and where it says my wife has to go back to her originating country?

Please supply information where it says you have to have a return ticket. Please explain what you would judge be exceptional circumstances.

Go to the immigration website and read the relevent sections...

I dont make the rules on exceptional circumstances...Immigration does that...a previous post stated what some of the non exceptional circumstances are....Do you have circumstances you believe are exceptional ??

It is unlikely that you could enter any country on a tourist visa without an ongoing or return ticket...makes sense if you think about it...

Edited December 4, 2006 by gburns57au

[aussiestyle1983]

My wife had the same condition on her old Oz tourist visa ( i just looked in her passport ). As far as I am aware the info you were provided was correct, she could apply for a migrant visa whilst in australian on a tourist visa, then immigration would just extend the tourist visa ( or issue a different type of visa ) untill a decision was made on the migrant visa. I dont know what that condition actually means but I believe that it would be stamped on all tourist visas just as a precaution to make people aware that they can not extend their visa, but written those words it does not say you cant try to change your visa type or apply for a new visaa whilst in Oz. I think all is well, but you need to contact immigration there and ask them, just one phone call would be all it would take but you will have to wait untill monday. Not that this is relevant, but my Thailand visa also has a similar stamp on it stating "extension of stay not permitted" but I got it extended at immigration here. Immigration are the ones that make all the decisions and they can change a visa or issue a new visa to a person as they like, so im sure all you would have to do is apply for her migrant visa as soon as possible to get the ball rolling.

Thank you for the information.

After reading other posts I wouldnt think this would be easy to do now. The guy I know who's finace at the time was able to do this was in Oz on a tourist visa and was almost 8 mnoths pregnant at the time of applying for the spouse/ de facto visa while in Oz on a tourist visa. There were no complications with her pregnancy, but immigration believed their relationship to be genuine, as they had been a couple for over 4 years and had lived in Thailand together before, and the fact that she was so close to giving birth, they gave her the requested visa. So yes, it can be done, but like others said, you need to show circumstances. Good luck.

[Gats]

After reading other posts I wouldnt think this would be easy to do now. The guy I know who's finace at the time was able to do this was in Oz on a tourist visa and was almost 8 mnoths pregnant at the time of applying for the spouse/ de facto visa while in Oz on a tourist visa. There were no complications with her pregnancy, but immigration believed their relationship to be genuine, as they had been a couple for over 4 years and had lived in Thailand together before, and the fact that she was so close to giving birth, they gave her the requested visa. So yes, it can be done, but like others said, you need to show circumstances. Good luck.

This is exceptional circumstances because airlines will not let you fly when you are 8 months or more pregnant. My gf is now 4months pregnant and we are just sticking to the rules and sending her back to Thailand. Hopefully our unquestioning obedience will stand well and they will grant her another 6month visitor visa to have the child here. We will pay up front for the delivery and will head back in 6months for a common law visa when the child is 3months old.

Fingers crossed. If anybody else has experience in this, help would be appreciated.