10 Comments Immigration law, student visa, employment visa, partner visa
Thanks for taking the time to reply to my posting. I have actually already found out the answer when I called DIMIA. They said that if my current visa doesn't have this condition on it, it doesn't matter if I had a visa with the 'no further stay' condition in the past, I will be able to apply for a Spouse visa from within Australia.
That's good news although you can't always rely on what DIMIA officers say! I can recall a case I had some time back where a client came to Australia on a visa that had a no further stay condition on it. I think he then exited the country, applied offshore for an ETA (electronic travel authority) that did not have the 8503 and came back on it. However, because the first visa was still current, DIMIA claimed the 8503 condition was still effective.
Thank you for your help, it's much appreciated. I thought my problems were solved, but I'm now worried again, or maybe I'm just getting paranoid because of everything I read...
As I wrote before, I intend to apply for a de facto relationship visa at the end of February, but the thing is that my working holiday visa will expire mid-February. I have planed to travel to New Zealand and apply from there for an ETA visa so I wouldn't get the 'no further stay' mention on my visa. As I will have to get a medical check and police clearance before that (so that I can apply straight away for my de facto relationship visa when I come back), I just realised that DIMIA might refuse to give me an ETA visa or will put a 'no further stay' on it in order to stop me from migrating to Australia. Do you think this is likely to happen or that my ETA visa will just be processed normally?
No further stay conditions are not normally imposed on ETAs. If you do not already have an 8503 condition on your visa you probably don't need to worry. However, if an immigration official (say on arrival at Melbourne) becomes aware of your intention to remain in Australia permanently they might then try either to prevent you from entering the country or alternatively issuing you with a visa that has an 8503 condition on it.
ETAs are for tourists so it is important that your profile is tourism.
I know this topic is 5 years old but i'm looking for some opinion/advice about my situation. My girlfriend (perm.res.) and I have been together for a couple of years and decided to come back in Australia in March 2009 and when we inquired about my visa options we were told that it was too early for my girlfriend to sponsor me as a partner because she was sponsored herself previously.According to that person we had to wait until 2011. Fair enough i decided to go there on a tourist visa for the time being. My 1 year tourist visa was granted with a no further stay condition. We arrived in Australia last November. Last April we called the immigration office for some reason and asked again when we could apply for the spouse visa. The answer was March 2009! So not only somebody gave us the wrong information and put us in a tricky situation but i'm not sure what kind of proof i can add to my application to waive the no further stay condition. How does this situation look to you guys? We'r planning to write the letter to the minister really soon (didn't do it before cause we were going overseas for a while), so i just wanted to know if you guys have some kind of advice or know about some similar stories and their solutions. thanks heaps!