Home Affairs publishes a list of reasons that will not get a no further stay condition waived. One line on that list decides this article. Marriage or a new de facto relationship with an Australian is named as a change that does not qualify. So if your partner’s visitor visa carries condition 8503, your relationship is not the way out.
Short answer: The Minister said on 17 September 2026 that future visitor visas will carry no further stay. A visa already granted keeps the conditions it was granted with. Therefore check VEVO today, because the waiver test cannot be met by the relationship itself.
The three tests a waiver has to pass
Condition 8503 stops the holder being granted most other visas while they remain in Australia. A protection visa is the exception. Home Affairs will consider a waiver, but only where there is a major change in the holder’s situation.
That change has to clear three separate tests. First, it must have happened after the visa was granted. Second, it must be outside the holder’s control, meaning they could not have prevented it. Third, it must amount to a major change, not an inconvenience.
| Home Affairs treats as a reason | Home Affairs treats as not a reason |
|---|---|
| Unable to travel for a medical reason | Marriage or starting a de facto relationship with an Australian |
| Death or serious illness of close family | Failing your course |
| Natural disaster in the home country | Pregnancy |
| War or civil unrest in the home country | Not knowing the condition was on the visa |
| A school that cannot deliver the approved course |
Two further points matter for couples. A decision on a waiver request is final, and the Administrative Review Tribunal cannot review it. In addition, a fresh request after a refusal needs circumstances that are substantially different from the first one.
What the Minister actually said
At the National Press Club on 17 September 2026, the Minister for Home Affairs said the Government will attach a no further stay provision to visitor visas. He set two limits on it. It cannot apply to protection applications, and it applies to visas issued in the future.
He also said the change will have no impact on anybody already here. Consequently, a visitor visa granted before commencement keeps the conditions printed on it. No commencement date has been published yet. The measure will be made by legislative instrument, so Parliament does not vote on it.
Our article on what to lodge before the instrument lands covers the other measures announced that day.
Find your partner in this table
| Where your partner sits | What is open |
|---|---|
| In Australia, visitor visa without 8503 | The onshore 820 remains available while that visa is in effect. Nothing announced changes it. |
| In Australia, visitor visa with 8503 | No onshore partner application unless the condition is waived. The relationship will not support the waiver. |
| Overseas, visitor visa granted, not yet travelled | The conditions on that grant still apply. Check them before booking anything. |
| Overseas, no visitor visa yet | Assume any future grant carries 8503. Plan the offshore 309 as the main route. |
VEVO settles the first three rows in a minute. You need the grant number or the passport details, and the record shows every condition on the visa.
The cost of the route you end up on
Both partner routes charge the same visa application charge. It is $11,710 for the main applicant. Add $5,860 for an adult and $2,935 for a child. The charge is not what separates the two routes. Where your partner stands on lodgement day is.
Lodged onshore, your partner stays in Australia on a bridging visa while the Department decides the application. Lodged offshore, they wait outside Australia. The Minister expects partners on an offshore partner visa to visit Australia regularly. That is because the condition removes the reason many family visit visas are refused today.
We set the two routes side by side in 820/801 versus 309/100. The partner visa page lists what each one requires.
Worked example: two couples, one week apart
Both couples met overseas. Both have lived together for two years. Both plan an onshore application.
- Couple A, visa granted last monthThe grant letter shows no 8503. The visitor visa runs for three months. They lodge a complete 820 inside that window, and a bridging visa takes over when the visitor visa ends.
- Couple B, visa granted after commencementThe grant carries 8503. They cannot lodge onshore. A waiver request based on the relationship fails the test, and that refusal cannot be reviewed. So they lodge the 309 after the partner departs.
Nothing about the two relationships differs. The grant date does.
What to do this week
The visitor visa page sets out the current criteria for the 600.
Our relationship started after the visitor visa was granted. Does that help?
It does not. Home Affairs names a new de facto relationship with an Australian as a change that does not qualify. Timing will not move it onto the other list.
Can we lodge onshore and request the waiver at the same time?
No. A waiver request does not waive the condition by itself. Until a waiver is granted, the application cannot be validly made in Australia.
Frequently asked questions
Does Home Affairs accept marriage as a reason to waive 8503?
No. A new marriage or de facto relationship with an Australian is not a reason for waiver.
Can we appeal a refused waiver request?
No. Home Affairs states the decision is final. The Administrative Review Tribunal cannot review it. A new request needs circumstances substantially different from the first.
How do we check whether 8503 is on the visa?
Look at the grant letter, or check VEVO using the grant number or passport details. VEVO lists every condition attached to the visa.
Will the change affect a visitor visa granted before it starts?
No. The Minister said the measure applies to visas issued in the future. A visa already granted keeps the conditions it was granted with.
Does 8503 stop an offshore partner visa application?
No. The condition limits visa grants while the holder is in Australia. An application made outside Australia is not caught by it.
General information as at 23 September 2026. Waiver criteria confirmed on the Department of Home Affairs no further stay waiver page on 23 September 2026. The announced visitor visa measure has no published commencement date and no instrument text. Not legal advice.