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Condition 8503

In: People

Submitted By ramaraj
Words 382
Pages 2
If condition 8503 appears on the last visa you held since entering Australia you cannot make a valid application for the visa within Australia. Condition 8503 may be waived in rare circumstances. More information on seeking a waiver of condition 8503 is contained in IARC’s Condition 8503 – no further stay information sheet. It is important that you seek advice from a registered migration agent in relation to this.
Have you had a visa refused or cancelled?
Since 14 September 2009, if you have had a visa refused or cancelled since you last came into Australia you may still be able to apply for this visa. However, you must:
• submit both form 47SP (completed, signed and dated by you as the applicant) and 40SP (completed, signed and dated by your partner)
• submit 2 statutory declarations dated no later than 6 weeks prior with the application from – each statutory declaration must declare that you and your partner are in a married relationship and must be made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen (see form
888)
• not have previously been refused a Spouse, Partner or Interdependency visa since last entering
Australia, and
• not have had your visa refused or cancelled on character grounds.
In addition, if you do not hold a substantive visa (eg you are unlawful or hold a bridging visa) then you must meet the requirements set out below.
IMPORTANT! If you do not hold a substantive visa
When can unlawful non-citizens (people without a visa) or Bridging visa holders apply for the Partner visa? If you do not have a visa (for example over-stayers, unlawful non-citizens) or hold a type of visa known as a
Bridging visa then you may be able to apply for and be granted a Partner visa but you will need to establish that your circumstances fall within:
(a) The 28 day rule
If you held a valid visa within the last 28 days and can show that:
• you became unlawful because of circumstances beyond your control;
• there are compelling reasons for granting the visa; and
• you complied with the conditions of your previous visa
• you can make an application for the visa and will be assessed about whether you meet the requirements for the 28 day rule.

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