Visa conditions 8503 is referred to as a “No Further Stay” condition. No Further Stay Conditions are usually found on short term temporary visas such as a visitor visa. A “no further stay” condition attached to a visa generally prevents the visa holder from applying for or being granted a substantive visa such as a partner visa (except a protection visa) while they are in Australia and continues to exist even if the visa with the condition has expired.
In many cases the No Further Stay Condition has the effect that the visa holder will need to depart Australia and lodge a visa application offshore.
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In certain cases, it is possible to apply to the Department to have the no further stay condition removed or waived. Once removed the visa holder may be able to apply for a further visa in Australia. However, a foreign national cannot waive this condition when applying for a marriage or partner visa from inside Australia. The only exceptions are if they have a change in their circumstances beyond their control.
In this context, compelling circumstances are normally circumstances that are involuntary and “characterised by necessity” such that the applicant is faced with a situation in which there is little or no alternative but to seek to extend their stay in Australia.
It's important to note that each case is viewed on its merits and depend on its own circumstances to determine the result. Also, to keep in mind is that there is no bridging visa attached to a waiver request. That is, any request for a waiver needs to be made while the visa holder has a current visa, otherwise they may become unlawful whilst waiting for a response.
A waiver request must be accompanied by supporting documentation and submissions, addressing the legal criteria for a waiver. Once a decision is made it is final and is not able to be appealed at the AAT Appeal Tribunal or Court.
Requests for a No Further Stay waivers a not decided in a shrot time as they require careful consideration against verious legal criteria. It might not be possible for the Department to make a decision on your request before your visa expires, it is upto the application to ensure that there visa has enough time for a decision to be made. Lodging a request for a No Further Stay waiver does not automatically mean you will be in Australia lawfully as waiver application does not give the applicant an option to apply for a bridging visa. If your visa expires before the Department can decide your request, you will become unlawful.
If the condition is waived
If Condition 8503 is waived, you can then apply for another visa without having to leave the country. You should note, however, that the success of your request does not guarantee that your new visa application will be successful.
If Condition 8503 is not waived
you will not be able to apply for another substantive visa while you are in Australia. There are still a few tricks we have up our sleeve though so if you are concerned about your 8503 call us and we can make a plan.
Have you been refused a Tourist or Partner Visa due to using unreliable services or an inadequate visa application? We are here to help you solve the problem.
If you want to apply for a waiver you will require a Migration Agent to waive No Further Stay Condition 8503. Our Migration Agent Hanh Ho can help you obtain a waiver and process your next application. Waiving a 8503 Condition is not easy and requires in-depth knowledge of both immigration policy and migration law, for more information contact Hanh (+61) 04 06 888 639.