Who gets a No Further Stay Condition on an Australian Visa.
Many Visa holders receive a ‘No Further Stay’ condition on the Visa that they are given.
A ‘No Further Stay’ condition prevents the visa holder from applying for many temporary and permanent visas (except a protection visa or a temporary visa of a specified kind) while they are in Australia.
The ‘No Further Stay’ condition can be one of these:
No Further Stay’ condition 8503
No Further Stay’ condition 8534
No Further Stay’ condition 8535
Condition 8503 is a mandatory condition on the following visas:
Visitor visa (subclass 600) (Sponsored Family stream)
Visitor visa (subclass 600) (Approved Destination stream)
Visitor visa (subclass 600) (Tourist stream) if sponsorship has been imposed on it
Training and Research visa (subclass 402) for the professional development stream only
Work and Holiday visa (subclass 462) if you have previously held two subclass 462 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)
This may be applied to the student visa holder and the student’s family members after assessment 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:
a Protection visa
a Student Guardian visa (subclass 590)
a Temporary Graduate visa (subclass 485)
Condition 8535 is a mandatory condition on:
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:
a Protection visa
a Student visa that is supported by the sponsoring government agency.
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.
Requests for waiver of ‘No Further Stay’ conditions cannot be decided ‘on the spot’ as they require careful consideration against legal criteria.
Marriage, Pregnancy and Failure to complete a course due to failing a subject are NOT considered circumstances for the purposes of the waiver of this condition.
Source:
www.border.gov.au/…/fact-sheets/52b-nfc
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