Can a visa application for Australia be submitted while the applicant is outside of Australia?

Did you know that certain types of visas require you to be offshore or out of the country when you make your application? This is especially the case for some popular partner visas.   It can be frustrating, but here at Visa Solutions Australia we know the migration system inside out and have the knowledge and expertise to help with your offshore visa application.

Offshore partner visas

If you are applying for one of the offshore partner visas such as a Partner visa (subclass 309) or a Prospective Marriage visa (subclass 300) which are both pathways to permanent residency, then it is a legal requirement that you must be outside of Australia when you lodge the application and outside Australia when a decision is made. 

The good news is that you can still stay in Australia while your application is being processed until its ready to be granted.  Here at Visa Solutions Australia if we submit a Partner visa (subclass 309) or a Prospective Marriage visa (subclass 300), then immigration officials will contact us when they are finalising the visa.  We can then advise you to leave the country so it can be issued. 

There are no exceptions to this rule and you must be offshore when either of these visas are granted. You can choose any country to visit such as Bali or Singapore.

What if I can’t marry within the time frame?

One of the conditions imposed on a Prospective Marriage visa (subclass 300) is that the individual must marry within nine months.  This visa cannot be extended. 

No further stay conditions

What we’re seeing more frequently, here at Visa Solutions Australia, are ‘No Further Stay’ conditions which prevent people from applying for further visas while in Australia.   They are attached at the discretion of the immigration case officer and means that an individual cannot apply for temporary and permanent visas while they are in Australia except for a Protection visa.

The most common one is known as an 8503.

Two other ‘No Further Stay’ conditions are the 8534 and 8535 (attached to student visas) and the 8540 (attached to work and holiday visas).

Can a ‘No Further Stay’ condition be waivered?

Sometimes the ‘No Further Stay’ conditions can be waivered, but on average only 20% of applications to waive the conditions are granted.  This may be due to reasons such as an applicant being heavily pregnant or major psychological impact if the applicant was leave a partner or child.  To achieve such a waiver, a specialist application with supporting documentation and evidence is required.

Visa Solutions Australia has a wide range of expertise in migration and can look at different strategies to ensure you can legally stay in Australia.  We look at each situation on an individual basis. Why not give us a call today?