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Thread: No Further Stay 8503 on Oz Visa...

  1. #1
    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน PatongBeachBoy's Avatar
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    No Further Stay 8503 on Oz Visa...

    Rang up Immigration today to find out if we could lodge our PR within Australia..
    We now qualify for the Partner visa subclass 309 which allows you to apply on Australian shores where the Prospective Marriage visa requires you you apply from Thailand..

    The other main difference is that Prospective Marriage requires you to marry within 9 months of lodging, which can put you under the pump a bit!...

    Now the hurdle is that most TG's on a Tourist Visa have them stamped with 'No Further Stay 8503' which prevents you from extending a visa unless due to medical reasons.... This also prevents you from applying for the Partner visa within Australia, so the 6-10 month application wait time must be done in LOS... A frustrating and costly process!

    I have since found out that you can apply to have the 8503 waivered... It takes about a month for the decision to be made so you want to do it at the start of the TG's visit..
    If successful we can lodge the Partner application on Australian shores and TG can stay until the application is accepted or refused which can take up to 5 months

    check this link out for full details Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay"

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    Uber Star Soi wanderer Thai Dreamer ผู้เพ้อฝัน justcruzing1's Avatar
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    Good work PBB!!
    Does it alow her to work while waiting? Does she get covered by medicare?

    This could take a whole lot of heartace away, and so it should be.

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    Foundation Member Thai Dreamer ผู้เพ้อฝัน G4orce's Avatar
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    What sort of price difference is there applying in Australia as apposed to LOS? I hope it all goes to plan for you.

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    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน PatongBeachBoy's Avatar
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    of the top of my head G4 I think it was around $500 dearer in OZ, plus if the police check and medical were done here you will pay a lot as well compared to in BKK.... The main benefit is that she gets to stay, It's a small price to pay really... you'll understand when you send Noy home in the quickest 3mths of your life!

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    The artist formally known as Wabbits Thai Dreamer ผู้เพ้อฝัน wabbits's Avatar
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    Quote Originally Posted by justcruzing1 View Post
    Good work PBB!!
    Does it alow her to work while waiting? Does she get covered by medicare?

    This could take a whole lot of heartace away, and so it should be.
    No medi care or work until visa is approved.

    Must obey tourist visa conditions.
    .

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    Foundation Member Thai Dreamer ผู้เพ้อฝัน G4orce's Avatar
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    Quote Originally Posted by PatongBeachBoy View Post
    of the top of my head G4 I think it was around $500 dearer in OZ, plus if the police check and medical were done here you will pay a lot as well compared to in BKK.... The main benefit is that she gets to stay, It's a small price to pay really... you'll understand when you send Noy home in the quickest 3mths of your life!
    I think it's a good idea, you save on flights as well as getting to keep them with you, was just curious. I am already dreading when she has to go home... but not thinking about a partner visa yet. Just helps to have that knowledge for if and or when its time for it

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    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน Changone's Avatar
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    I hope you can do it this way because if you do manage it it's going to create a real flood of interest.
    Just a couple of things

    What reasons, (change in circumstances since applying for tourist visa) do you propose to give in applying for the condition 8503 waiver?
    You would want to be absolutely certain that these don't contradict the evidentiary statements you give for the subsequent partner visa.

    I always thought that the biggest obstacle to applying for the partner visa direct, as opposed to the prospective spouse/partner visa was providing evidence that you had lived together for a continuous 12 months before applying. When I went for the PSV, Mrs C had already spent over six months living with me in Australia. I had spent a further three months in Thailand with her and was prepared to argue that the remaining time spent apart in the twelve months was due to work commitments. I decided against it on the basis that;
    1 : I could lose the partner visa application fee completely if the partner visa was refused. and
    2 : After talking to the immi people about the joint financial and household evidence (Both names on leases etc) my supporting data may not have cut the mustard.

    Mostly it is those that have lived together in other countries for at least 12 months and then come to Australia as tourists that apply this way.
    wabbits likes this.
    And where the hell was Biggles.....?....when you needed him last Saturday....?

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    Foundation Member Thai Dreamer ผู้เพ้อฝัน Sydney's Avatar
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    Quote Originally Posted by Changone View Post


    Mostly it is those that have lived together in other countries for at least 12 months and then come to Australia as tourists that apply this way.
    yep Mr C has some strong points...tread very carefully if taking this route PBB......as much as i love pioneering, it would be good to find some other people who has already succeeded doing it this way and gain some knowledge from them.
    The only thing that will stop you from fulfilling your dreams is you.

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    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน Arliss Michaels's Avatar
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    It seems after a couple of TV's the Visa issue will get more complicated and murky. Plenty of reading and searching on Internet required I'm thinking for many of us.

    Those expericened Visa BM's any chance you could do a step by step of your Visa process over the duration, that maybe Wabbs can then make it a sticky down the track as a great reference point for all
    The early bird gets the worm, but the second mouse gets the cheese

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    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน PatongBeachBoy's Avatar
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    I'll wait until next month AM to see if this application is approved...

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    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน PatongBeachBoy's Avatar
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    Quote Originally Posted by Sydney View Post
    yep Mr C has some strong points...tread very carefully if taking this route PBB......as much as i love pioneering, it would be good to find some other people who has already succeeded doing it this way and gain some knowledge from them.
    I will get advice on whether we qualify for the 12mths together stipulation... In the last 18mths we have probably spent less than 3mths apart... as for the waiver on the 8503, it was a suggestion from Immigration themselves on the path to take!

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    Foundation Member Thai Dreamer ผู้เพ้อฝัน G4orce's Avatar
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    Quote Originally Posted by PatongBeachBoy View Post
    I will get advice on whether we qualify for the 12mths together stipulation... In the last 18mths we have probably spent less than 3mths apart... as for the waiver on the 8503, it was a suggestion from Immigration themselves on the path to take!
    So when they they 12 months living together does that mean 12 months without a day apart? or could it be 3 months at a time and they only time apart is when applying for a new visa? Also does it have to be in the same place for the 12 months or could you have 3 months in Aust followed by a month in LOS and back to Aust etc..?

  13. #13
    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน Arliss Michaels's Avatar
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    Quote Originally Posted by G4orce View Post
    So when they they 12 months living together does that mean 12 months without a day apart? or could it be 3 months at a time and they only time apart is when applying for a new visa? Also does it have to be in the same place for the 12 months or could you have 3 months in Aust followed by a month in LOS and back to Aust etc..?
    G4 I asked a very similar question in Visa topic, but not sure we have had a definitive answer on this yet.
    The early bird gets the worm, but the second mouse gets the cheese

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    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน PatongBeachBoy's Avatar
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    this is what it says.....
    You and your partner must have been in an ongoing and committed de facto relationship for the entire 12 months immediately prior to applying for the visa. Any periods of seperation must only be tempory. Note: The 12 month relationship requirement does not apply in some circumstance

    I think the definition of Tempory needs to be defined!

  15. #15
    Foundation Member Thai Dreamer ผู้เพ้อฝัน G4orce's Avatar
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    Quote Originally Posted by Arliss Michaels View Post
    G4 I asked a very similar question in Visa topic, but not sure we have had a definitive answer on this yet.
    I personally know nitnoy maak maak about visa's. I think i am all good with the TV now but ask me about the others and I will give you a blank look in return. It is interesting to find out what I/we could "hypothetically" be up for in the future...

  16. #16
    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน Changone's Avatar
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    Anything's possible so like PBB says I think its wait and see.
    Doing the PSV and temporary PV applications are enough to send you round the bend. It damn near wasted me as they say.
    Even after all the form filling and interviews police checks, health checks X-rays etc you then have to get two stat decs from others bearing out everything you have said in your application. I don't know of any other form of application for anything else that is so intrusive.
    But hey, even after another year together it's still all worth it.
    And where the hell was Biggles.....?....when you needed him last Saturday....?

  17. #17
    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน Arliss Michaels's Avatar
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    Quote Originally Posted by PatongBeachBoy View Post
    this is what it says.....
    You and your partner must have been in an ongoing and committed de facto relationship for the entire 12 months immediately prior to applying for the visa. Any periods of seperation must only be tempory. Note: The 12 month relationship requirement does not apply in some circumstance

    I think the definition of Tempory needs to be defined!
    And De Facto too What is a de facto relationship?
    The early bird gets the worm, but the second mouse gets the cheese

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    Foundation Member Platinum Condo's Avatar
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    Just read this another forum and thought it was interesting about being able to pay the fees in Australia even if submitting the visa offshore.

    All potential Australian visa applicants should note that new visa application charges come into effect this Friday (1 July, 2011). Any visa applications submitted without the correct visa application charge will be an invalid application.

    Also keep in mind that the DIAC deemed AUDTHB exchange rate will be adjusted on this day too, and given the recent strength of the AUD$ I am predicting a significant increase in visa application charges where they are paid for in Thailand. It should be remembered that just because an application has to be lodged offshore, this does not mean that the visa application charge cannot be paid for in Australia. In some circumstances this can save you a lot of money.

  19. #19
    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน Arliss Michaels's Avatar
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    Quote Originally Posted by PatongBeachBoy View Post
    this is what it says.....
    You and your partner must have been in an ongoing and committed de facto relationship for the entire 12 months immediately prior to applying for the visa. Any periods of seperation must only be tempory. Note: The 12 month relationship requirement does not apply in some circumstance

    I think the definition of Tempory needs to be defined!
    Some interesting FAQ's here, http://www.immi.gov.au/media/fact-sh...lationship.htm ,but still leaves a wide scope of interpretation. This question could apply to most of us

    My job in Australia does not allow me to travel to my partner's country to live there for extended periods. We have been in a relationship for 12 months but lived together for only eight months. Will I be eligible to sponsor my partner to Australia?

    You may be eligible. It is recognised that it is possible for the parties to be physically apart for periods of time, due to work or travel commitments, yet committed to a shared life.

    In assessing a relationship, a number of factors other than periods of physical cohabitation are taken into account.
    Last edited by Arliss Michaels; 29th June 2011 at 14:30.
    The early bird gets the worm, but the second mouse gets the cheese

  20. #20
    ประเทศไทยเพื่อน Founding Member Thai Dreamer ผู้เพ้อฝัน PatongBeachBoy's Avatar
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    If you can supply enough information to show that the relationship is genuine and both parties are committed and that within that 12mth period you did your best to be together... I'm sure these facts will add weight to your application!

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