# Waiving No Further Stay condition



## Ronb (Jul 4, 2014)

Hi Guys, i was wondering is it possible to get Condition 8503 i.e No further stay clause waived. I am planning to marry on Visitors Visa. Has anyone applied for waiving of this condition and have they been successful. Please let me know.


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## council (Sep 4, 2013)

You might need to show compelling and compassionate circumstances so you could lodge a substantive visa application onshore.

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## Danav_Singh (Sep 1, 2014)

Ronb said:


> Hi Guys, i was wondering is it possible to get Condition 8503 i.e No further stay clause waived. I am planning to marry on Visitors Visa. Has anyone applied for waiving of this condition and have they been successful. Please let me know.


Not possible. If 8503 is there you cannot apply for onshore spouse visa. You have to return to your country and then you can apply.


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## Ronb (Jul 4, 2014)

Danav_Singh said:


> Not possible. If 8503 is there you cannot apply for onshore spouse visa. You have to return to your country and then you can apply.


But I have read somewhere that it is possible as mentioned by council. So how to go around

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## Maggie-May24 (May 19, 2015)

It is only possible due to compelling and compassionate reasons that occurred after being granted your current visa, e.g. severe medical condition that prevented you from travelling so you needed to get a short-term visitor visa to remain in Australia.

Simply wanting to marry while on a tourist visa will not get the NFS condition waived, otherwise everyone would ask for this.


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## Ronb (Jul 4, 2014)

Is this scenario possible. 
I am on visitor visa. Visa is valid for 03 months. I get married on 15th day. Still i have 75 days. Can i ask my agent in India to apply for Spouse Visa. So that i can save 2 1/2 months of processing time. Or i have to be in India and give an undertaking that i am not in Australia at the time of applying for the visa.

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## council (Sep 4, 2013)

Ronb said:


> Is this scenario possible.
> I am on visitor visa. Visa is valid for 03 months. I get married on 15th day. Still i have 75 days. Can i ask my agent in India to apply for Spouse Visa. So that i can save 2 1/2 months of processing time. Or i have to be in India and give an undertaking that i am not in Australia at the time of applying for the visa.
> 
> Sent from my iPhone using ExpatForum


In theory this is possible.

However it might be a violation of tourist visa conditions to use it to get onshore just to file for a different visa.

And it would seem to cost more to do so.

Might be good to consult a migration agent.

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## Ronb (Jul 4, 2014)

Hi guys,

I have filled the application form for visitors visa. 
Documents 
Application forms
iTR
Bank passbook latest
Fixed deposits 
Leave letter
Covering letter
Hotel confirmation
2 photos

I am planning to make the application on my own and not to engage an agent

How should i go around. Take primt of all the documents and courier it to Australian High Commission new delhi 

Fees ls 135$. It translates to 6900/- should the dd be in aud or indian rupees

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## Maggie-May24 (May 19, 2015)

It doesn't matter where your agent is when they lodge the application, YOU cannot be in Australia at the time (they confirm this by your passport #). So you will need to wait until you've left Australia before you can apply.


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## vijendra (Jul 11, 2012)

Ronb said:


> Hi guys,
> 
> I have filled the application form for visitors visa.
> Documents
> ...


My 2 cent advice. The rejection rate is very high. Make sure before applying you mention the exact reason for the visit.


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## Ronb (Jul 4, 2014)

vijendra said:


> My 2 cent advice. The rejection rate is very high. Make sure before applying you mention the exact reason for the visit.


Should i tell them i want to go for getting married. They will not even turn the pages of my application. They will directly reject it.

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## vijendra (Jul 11, 2012)

Ronb said:


> Should i tell them i want to go for getting married. They will not even turn the pages of my application. They will directly reject it.
> 
> <TTStyledTextFrame: 0x18288540>


I would not do that. Even i would not mention the name of the person who I will be getting married.


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## Ronb (Jul 4, 2014)

What if my employer is not willing to give me leave grant letter. What should be done then ?

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## Ronb (Jul 4, 2014)

Hi guys urgent help required on this question. I have two properties in joint name with my family and a car. Do you think I should attach these documents alongwith my visitor visa application to make my case stronger. I am lodging the application today. So immediate reply would be appreciated.

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## vijendra (Jul 11, 2012)

Ronb said:


> Hi guys urgent help required on this question. I have two properties in joint name with my family and a car. Do you think I should attach these documents alongwith my visitor visa application to make my case stronger. I am lodging the application today. So immediate reply would be appreciated.
> 
> Sent from my iPhone using ExpatForum


Yes, you should. Also, send any proof which will help them assess that you will return back. My visitor visa documents weighed 500 gms when I sent them.


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## Ronb (Jul 4, 2014)

Lodged the application with lots of supporting documents. The lady at VFS told me that they won't reject for small reasons and will give you a chance beforehand for clarification or more documents.

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## Ronb (Jul 4, 2014)

Hi Guys, I applied for visitor visa on 21/07 and got a grant on 22/07 i.e within 24 hours. My visa has only two conditions. No Work (8101) and study only upto 03 months (8201) I was lucky not to have condition 8503 on my visa. My visa says must not arrive after 22nd October 2015. The duration of visa is for 03 months. So does that mean i have to visit Australia before this date. And if i fly in August my 03 months will start from the day I arrive or I have to fly back before 22nd October. Please clarify this situation


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## council (Sep 4, 2013)

Ronb said:


> Hi Guys, I applied for visitor visa on 21/07 and got a grant on 22/07 i.e within 24 hours. My visa has only two conditions. No Work (8101) and study only upto 03 months (8201) I was lucky not to have condition 8503 on my visa. My visa says must not arrive after 22nd October 2015. The duration of visa is for 03 months. So does that mean i have to visit Australia before this date. And if i fly in August my 03 months will start from the day I arrive or I have to fly back before 22nd October. Please clarify this situation


You have 3 months of stay, from date of arrival.

If you do not arrive by 22 Oct, then your visa may automatically expire.


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## Maggie-May24 (May 19, 2015)

Ronb said:


> Hi Guys, I applied for visitor visa on 21/07 and got a grant on 22/07 i.e within 24 hours. My visa has only two conditions. No Work (8101) and study only upto 03 months (8201) I was lucky not to have condition 8503 on my visa. My visa says must not arrive after 22nd October 2015. The duration of visa is for 03 months. So does that mean i have to visit Australia before this date. And if i fly in August my 03 months will start from the day I arrive or I have to fly back before 22nd October. Please clarify this situation


You must arrive before October 22nd, and you can remain for 3 months from the date you arrive. So if you arrive on October 21st you can remain in Australia for 3 months from that date.


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## Ronb (Jul 4, 2014)

Maggie-May24 said:


> You must arrive before October 22nd, and you can remain for 3 months from the date you arrive. So if you arrive on October 21st you can remain in Australia for 3 months from that date.


Is this scenario possible. I enter Australia in August 2015 and leave on 15th October. Then again i come bck on 20 October for more 03 months. Coz may visa states multiple entries. And visa expiry date is 22nd October

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## council (Sep 4, 2013)

Ronb said:


> Is this scenario possible. I enter Australia in August 2015 and leave on 15th October. Then again i come bck on 20 October for more 03 months. Coz may visa states multiple entries. And visa expiry date is 22nd October
> 
> Sent from my iPhone using ExpatForum



Visitor Visas can allow for single or multiple entry – and permit a three (3), six (6) or twelve (12) month stay in Australia on each occasion.


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## Ronb (Jul 4, 2014)

Hi guys, I have been granted Visitor Visa without No further stay clause. I am planning to visit Australia next month. Should i buy a return ticket or only one way ticket will be fine. Can they question me at Airport as to why i am not having return ticket and if they suspect something fishy can they cancel my visa and send me back ?


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## TheExpatriate (Feb 7, 2014)

Ronb said:


> Hi guys, I have been granted Visitor Visa without No further stay clause. I am planning to visit Australia next month. Should i buy a return ticket or only one way ticket will be fine. Can they question me at Airport as to why i am not having return ticket and if they suspect something fishy can they cancel my visa and send me back ?


yes, one way ticket could get you sent back home and get your visa cancelled, also lack of funds, lack of plans to stay temporarily ...etc.


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## Ronb (Jul 4, 2014)

TheExpatriate said:


> yes, one way ticket could get you sent back home and get your visa cancelled, also lack of funds, lack of plans to stay temporarily ...etc.


Okey then i will buy a return ticket too. About funds. How many dollars can i carry in cash. Will they check my bank account balance at airport ?


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## vijendra (Jul 11, 2012)

Ronb said:


> Okey then i will buy a return ticket too. About funds. How many dollars can i carry in cash. Will they check my bank account balance at airport ?


Any currency which is more that 10,000 AUD should be declared at the airport. Book your return tickets. Show them your your hotel tickets or the place you will be living during your visit if they ask. Also, read about the place you will visit in Australia, they do ask what is your purpose and all sort of questions. Where do you work? How much do you earn? Do you know anyone in Australia? if they find anything unusua,l your visa will be cancelled and you will be sent back. For more info search Border security: Australia Frontline videos on youtube.


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## TheExpatriate (Feb 7, 2014)

Ronb said:


> Okey then i will buy a return ticket too. About funds. How many dollars can i carry in cash. Will they check my bank account balance at airport ?


no account balance checks, you need to have enough money to sustain you for the period of your visit


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## Ronb (Jul 4, 2014)

Apart from hotel bookings and tickets, is 2000$ in cash and 5000$ in bank sufficient for 45 days


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## vijendra (Jul 11, 2012)

Ronb said:


> Apart from hotel bookings and tickets, is 2000$ in cash and 5000$ in bank sufficient for 45 days


I guess its enough for 45 days


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## Ronb (Jul 4, 2014)

Hello guys. I have a question. I am on visitors visa which is valid uptil 12 December 2015. I am getting married on 23 October 2015 and will be applying for spouse visa soon after. I will be applying for onshore visa. I want to know when will my bridging visa kick in. I want to travel to India in last week of November as my sister is getting married. So can I apply for Bridging Visa B as soon as i apply for my Spouse Visa. Is it possible?

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## TheExpatriate (Feb 7, 2014)

Ronb said:


> Hello guys. I have a question. I am on visitors visa which is valid uptil 12 December 2015. I am getting married on 23 October 2015 and will be applying for spouse visa soon after. I will be applying for onshore visa. I want to know when will my bridging visa kick in. I want to travel to India in last week of November as my sister is getting married. So can I apply for Bridging Visa B as soon as i apply for my Spouse Visa. Is it possible?
> 
> Sent from my iPhone using ExpatForum


BVA will kick in only when your current visitor visa expires, and if your visitor visa expires while you are offshore, your BVA will cease and you won't be able to return to Australia

You have to be in Australia when your visitor visa expires, then you need to apply for BVB BEFORE you depart. Departing on a BVA will cause the BVA to cease. You can only apply for BVB when you have a BVA (or another BVB) in effect


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## Maggie-May24 (May 19, 2015)

Ronb said:


> Hello guys. I have a question. I am on visitors visa which is valid uptil 12 December 2015. I am getting married on 23 October 2015 and will be applying for spouse visa soon after. I will be applying for onshore visa. I want to know when will my bridging visa kick in. I want to travel to India in last week of November as my sister is getting married. So can I apply for Bridging Visa B as soon as i apply for my Spouse Visa. Is it possible?


Your BVA will kick in when your visitor visa expires.

Regarding your trip to India, if you will return before Dec. 12th then you do not need a BVB - I "think" your re-entry prior to Dec. 12th would then create another 3-month visit and your BVA would then kick in 3 months from your re-entry date (e.g. re-entry on Dec. 5th would mean BVA starts on March 6th)

If you would be returning after Dec. 12th, then you would need to apply for a BVB before you leave since your BVA would be cancelled when you leave the country. You can usually apply for a BVB about 2 weeks before your planned travel date.


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## Ronb (Jul 4, 2014)

Maggie-May24 said:


> Your BVA will kick in when your visitor visa expires. Regarding your trip to India, if you will return before Dec. 12th then you do not need a BVB - I "think" your re-entry prior to Dec. 12th would then create another 3-month visit and your BVA would then kick in 3 months from your re-entry date (e.g. re-entry on Dec. 5th would mean BVA starts on March 6th) If you would be returning after Dec. 12th, then you would need to apply for a BVB before you leave since your BVA would be cancelled when you leave the country. You can usually apply for a BVB about 2 weeks before your planned travel date.


My last date of entry is 22nd October 2015. I had arrived on 13 September 2015. My Visitor Visa expires on 12 December 2015. My sisters wedding is on 11 December. What can be done in such case. Can I write to the department explaining my situation and asking them to cancel my visitor visa and put me on Bridging Visa after I make application for Spouse Visa. Is it possible. Or any other way which is possible.

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## TheExpatriate (Feb 7, 2014)

Ronb said:


> My last date of entry is 22nd October 2015. I had arrived on 13 September 2015. My Visitor Visa expires on 12 December 2015. My sisters wedding is on 11 December. What can be done in such case. Can I write to the department explaining my situation and asking them to cancel my visitor visa and put me on Bridging Visa after I make application for Spouse Visa. Is it possible. Or any other way which is possible.
> 
> Sent from my iPhone using ExpatForum


if your current visa gets cancelled, your BVA will cease

You can TRY to come back on another visit visa, then once it ceases onshore (if the partner visa is not yet granted), you can apply for BVC


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## Ronb (Jul 4, 2014)

TheExpatriate said:


> if your current visa gets cancelled, your BVA will cease You can TRY to come back on another visit visa, then once it ceases onshore (if the partner visa is not yet granted), you can apply for BVC


 If i apply for visitor visa onshore will the same conditions that are on my present visa will continue? I dont have no further stay clause on my present visa. I am thinking to extend my visitor visa. Then apply for spouse visa and come back on visitor visa. Is this possible? Is there a possibility they themselves might say that your old visa ceases and you are now on bridging visa as soon as i make the application. Sent from my iPhone using ExpatForum


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