NO FURTHER STAY (8503) WAIVER

A ‘No Further Stay’ condition is a condition that prevents the visa holder from applying for many temporary and permanent visas while they are in Australia. ‘No Further Stay’ conditions include 8503, 8534 and 8535.

If one of these conditions has been imposed on your visa, you cannot apply for another visa (except a protection visa or a temporary visa of a specified kind, while you are in Australia).

When you depart Australia a ‘No Further Stay’ condition will not prevent you from applying for other visas.

Visas that the "no further stay" condition is imposed on

‘No Further Stay’ conditions can be imposed on a range of temporary visas.
Condition 8503 is a mandatory condition on the following visas:

If the visa is subject to condition 8503, you cannot apply for a further visa in Australia, other than a Protection visa (subclass 866).

Condition 8534 is a discretionary condition on Student visa (subclass 500) and applied to the student visa holder and the student’s family members. This will be decided by the case officer assessing your application.

If your visa is subject to condition 8534, you cannot apply for a further visa in Australia other than:

Condition 8535 is a mandatory condition of the Student visa (subclass 500) for Department of Foreign Affairs and Trade or Department of Defence sponsored students.
If your visa is subject to condition 8535 then you cannot apply for a further visa in Australia, other than:

Visas that the "no further stay" condition is imposed on

You cannot request a ‘No Further Stay’ condition be left off your visa at the time you apply for the visa.  If you are in Australia holding a visa with ‘No Further Stay’ condition imposed on it and your circumstances change, there is provision to waive the condition in limited circumstances.
The circumstances in which the minister might waive a ‘No Further Stay’ condition are:

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.

If your visa expires soon

Requests for waiver of ‘No Further Stay’ conditions cannot be decided ‘on the spot’ as they require careful consideration against legal criteria. It might not be possible for the Department to make a decision on your request before your visa expires. Lodging a request for a waiver of a ‘No Further Stay’ condition does not automatically mean that you will be lawfully in Australia until the request is decided. If your visa expires before the Department can decide your request, you will become unlawful. This has serious consequences.

If you cannot depart Australia before your visa expires, contact us immediately for assistance.

It is your responsibility to ensure you have a valid visa for the whole of your stay in Australia.

If the condition is waived

When a ‘No Further Stay’ condition is waived, you can apply for another visa without having to depart Australia. There is no guarantee that you will be granted another visa as this depends on whether you satisfy the legal requirements for that visa. In addition, if another visa is granted to you it might also contain a ‘No Further Stay’ condition

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