Apply for 820 from 462 visa

Can you apply for an 820 visa from a 462?.

Some people have been told that they cannot apply for a subclass 820 onshore partner visa, while they are on the subclass 462 Work and Holiday visa.

As I have seen a number of people who have successfully applied for the 820 from the 462, that statement seems unusual.

However, it appears they may not be wrong in their particular circumstances.

Those on a third year 462 face a new condition on their last subclass 462 visa. This is the Condition 8503.

Condition 8503 is mandatory on the Work and Holiday visa (subclass 462), if you have previously held 2 subclass 462 visas

Condition 8503 is a “No Further Stay” condition. This means you are not able to apply for any further visa onshore.

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So, if you plan to apply for a partner visa, it is advisable to so before your 2nd year 462 expires.

A No Further Stay waiver Request

A waiver is often suggested or considered, as it is sometimes possible to submit an application to remove the 8503 condition. However, this request is not guaranteed to be granted in all situations, and must have a major reason.

Unfortunately, the immigration website quotes: “Some changes that are major but not considered as reasons for waiver include: marriage or starting a de facto relationship with an Australian citizen or permanent resident.

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