1. since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:
- it resulted in a major change to the person’s circumstances
- if the minister has previously refused to waive the condition,
2. if the minister has previously refused to waive the condition, the minister is satisfied that the circumstances mentioned in paragraph (a) are substantially different from those considered previously
3. if the person asks the minister to waive the condition, the request is in writing.
If you do request a waiver of a ‘No Further Stay’ condition, the departmental officer who considers your request must be satisfied that all the above requirements apply in your case, namely that:
- the circumstances that have developed since you were granted the visa are both compassionate and compelling
- you had no control over these circumstances
- these circumstances have resulted in a major change to your personal circumstances.
Waiver is not automatic. Each request is decided by assessing your particular circumstances against the above legal requirements.