Most Australian visas come with certain conditions attached and we will focus on 8503 No Further Stay Condition, which often appears on Visitor Visa granted to tourists vising Australia. It is important to mention that there are other visa subclasses that can be granted with the 8503 ‘No Further Stay’, such as: Training and Research visa (subclass 402) and Work and Holiday visa (subclass 462).
Essentially, 8503 No Further Stay condition is imposed on visas to limit the visa holders’ options to apply for further visas, once they arrive to Australia. Under the Migration legislation, visa holders that are subject to the above-mentioned condition can’t apply for any other Australian visa with the exemption of Protection Visa subclass 866.
We are often asked by our clients, what are the practical implications of the condition on their visa and whether if they apply for Partner Visa (820/801) or Temporary Work (Skilled) Visa (subclass 457) the visa application will result in a refusal. Well the truth is that you can’t even make an application, as it will be invalid and as such the delegates from Department of Immigration will not even consider it.
In order to make another visa application while in Australia and subject to 8503 condition, firstly applicants must have the No Further Stay condition waived. In order to satisfy the criteria for the wavier of the condition, the applicant must demonstrate that since the visa was granted, compelling and compassionate circumstances have developed, over which the person had no control and it resulted in a major change to the person’s circumstances. We cannot stress enough the importance of obtaining the migration advice prior to the lodgement of waiver application, as it can be done only once and if the waiver application is refused, the applicant can try again, but Compelling and Compassionate circumstances must be substantially different to claims expressed in the first waiver application. Compelling and Compassionate circumstances that would constitute grounds for the waiver are not defined in the migration legislation, therefore it is crucial that the prospective waiver applicant seeks migration advice.
Contact us by email [email protected] or call us on +61 (3) 9521 7577 to learn more about 8503 No Further Stay waiver.