What are the Types of Visa Waivers and Permissions I Can Apply For?
Australian immigration law is complex especially when certain circumstances can create hurdles for visa applicants. Whether it is a health condition, a past criminal record, or a No Further Stay – Condition 8503, understanding when and how to seek waivers or permissions can bring you closer to meet your visa objective.
What are Waivers and Permissions?
Waivers and permissions allow the Department of Home Affairs (DoHA) to exercise discretion and set aside certain requirements that would normally prevent an individual from being granted a visa. They address specific issues that may arise in an applicant’s personal circumstances, such as health, character test or visa history.
What are the Common Visa Waivers and Permissions?
Typically, most discretionary visa conditions or visa issues can be requested to be waived or seek permission through a legal submission, best by a professional immigration lawyer. We compiled the common visa waivers and permissions below:
Condition 8503 – No Further Stay is typically subjected to a temporary visa; the visa applicant cannot apply for most other visas while they are in Australia. If the applicant wishes to apply for a new visa onshore, they will need to seek a condition 8503 waiver.
Genuine Temporary Entrant (GTE) is for DoHA to measure on how truly the applicant is visiting Australia temporarily. Applicants who will be refused due to GTE are typically for temporary visas, such as Visitor Visas (Subclass 600). To address the GTE issue, it is best to seek a waiver by demonstrating your genuine intentions.
Working Holiday Maker work limitations for Working Holiday (subclass 417) or Work and Holiday (subclass 462) visa holders who are subject to condition 8547, the visa applicant can only work with one employer for a maximum of 6 months. If the applicant's work does not fall within an exemption to condition 8547, the visa applicant will have to seek permission to work longer than 6 months for the same employer.
If a visa applicant has limited work rights, such as a Student Visa (Subclass 500) or a Bridging Visa holder, the applicant may request for full work permission.
Character (Section 501) applies when a visa applicant or holder has a criminal record or is deemed not to meet character requirements. A waiver may be granted if the applicant can provide supporting evidence.
If an individual who do not meet the visa eligibility and requirements, they may not meet certain common Public Interest Criteria (PIC) issues, such as:
Health requirement (PIC4007) is required for certain visa applications. If an applicant meets this requirement and if the applicant has an ongoing health condition that could be considered a risk to public health or a burden on Australia’s healthcare system, a health waiver may be available.
PIC4013 - If the visa applicant’s visa was cancelled, it restricts individuals from a new visa grant unless they seek a waiver.
PIC4014 is for if a visa applicant left Australia while unlawful or holding a Bridging Visa C (Subclass 030), Bridging Visa D (Subclass 040) or Bridging Visa E (Subclass 050) at a specific period, they may not be able to re-enter Australia for a period of 3 years unless they seek a waiver.
PIC4020 - visa applicant provided false and/or misleading information or bogus documents to their application, which may result in a visa refusal. If the visa is refused, or DoHA is seeking further information, the applicant may face a visa ban of up to 3 years or 10 years in certain circumstances, unless they seek a waiver.
Related:
How Can Agape Henry Crux Help
Applicants who wish to waive or request permission for a visa condition, we suggest that you speak with one of the two Accredited Specialists in Immigration Law – Jason Ling or Angela De Silva at Agape Henry Crux for tailored guidance. To request a waiver or permission is a technical process, and our team of immigration lawyers specialises in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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