Condition 8503 is commonly known as the “No Further Stay” Condition.
This means that the visa holder is not normally permitted to apply for another visa whilst in Australia. They must leave and apply from overseas if they wish to return.
The imposition of a condition 8503 on a visa has both good and bad points.
It allows more visas to be issued, knowing that the applicant must leave Australia before it expires.
Is stops the applicant from using a visa, such as a visitor visa, as a stepping stone to a longer term visa.
Waiving a condition 8503.
Before condition 8503 can be waived from your visa you will need to show that since the time you were granted the visa that was subject to the condition, compelling and compassionate circumstances have developed, over which you had no control and that resulted in a major change in your circumstances.
Why is condition 8503 imposed.
The imposition of Condition 8503 on certain visas allows the Department of Immigration to grant more visas in circumstances where extra surety may be needed to ensure that a visa applicant will depart Australia prior to their visa expiring.
Condition 8503 wording.
One migration agent website quotes this as the wording.
“The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia”.
Some people might assume that a bridging visa, from a partner visa application, would allow them to stay after the visitor visa expires, and assume the 8503 would also expire, before the partner visa is granted.
However, the Immigration department currently (Nov 2021) quotes this wording:
“A No Further Stay condition means you can’t apply for most temporary and permanent visas while you are in Australia.”
Reasons for a waiver grant:
Examples of major changes that are reasons for waiver:
- unable to travel for medical reason
- death or serious illness of close family
- natural disaster in home country
- war or civil unrest in home country
- your school cannot provide your approved course
Reasons for a 8503 waiver refusal.
Examples of major changes that are not reasons for waiver:
- marriage or starting a de facto relationship with an Australian citizen or permanent resident
- failing your course
- pregnancy
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