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Condition 8503 Waiver

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CONDITION 8503 WAIVER

People often contact us on seeking waiver of condition 8503. In this note I will explain what that is and how it is achieved.

Condition 8503 is a condition placed on a visa that stops the person lodging any other visa application in Australia after arriving in Australia except certain prescribed visas, eg a protection visa.

If you intend to lodge a visa, you must get this condition removed from your visa before you can apply; that is you must get the condition waived or depart to lodge any visa out of Australia.

To have the condition removed the following conditions must be met –
– Since visa granted
– Compelling and compassionate circumstances have developed
– Over which you had no control
– Resulting in a major change in circumstances

July 15, 2021

Skilled Independent Subclass 189

July 15, 2021

Skilled Nominated Subclass 190

July 15, 2021

Skilled Regional Provisional Subclass 489

July 15, 2021

Skilled Regional Subclass 887

July 15, 2021

Graduate Temporary Subclass 485

October 12, 2021

491 Visa

UNDER AUSTRALIAN IMMIGRATION POLICY, COMPELLING AND COMPASSIONATE CIRCUMSTANCES CAN BE UNDERSTOOD AS CIRCUMSTANCES THAT:

are sufficiently forceful and convincing for the condition to be waived
are not unreasonable (in that no reasonable decision-maker could conclude that the circumstances are not compelling) and
give rise to feelings of sympathy for the suffering or misfortune of others.

No bridging visa attaches to Condition 8503 waivers and therefore, your application for waiver should be lodged well before visa expiry to avoid associated complications.

Condition 8503 applications are regularly refused due to the prescribed test not being engaged with or not forcefully argued. If an application for waiver is refused, then a 2 nd application can only be made if the 2nd application raises circumstances that are substantially different from those considered previously by the Minister. This means you have to get the first application right.

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Turner Coulson Immigration Lawyers?

Turner Coulson have successfully argued 8503 waiver cases for many clients and also successfully appealed 8503 waiver refusals in the Federal Circuit Court.

We will assess your situation on an individual basis and provide you with the best advice to make your stay in Australia hassle-free.

What to do next and how to apply?

Getting the right advice upfront is essential so contact for a free no obligation discussion with one of our advisors who are ready and waiting to assist you applying for your visa.

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Visitor Visa (Subclass 600)

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Employer Sponsored Migration

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Business Innovation and Investment Provisional (Subclass 888)

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