How to Waive Condition 8503 – No Further Stay?
If you are in Australia on a temporary visa, it may include Condition 8503 – No Further Stay, which can limit your options for future visas. This condition prevents you from applying for most visas while you remain in Australia.
What is Condition 8503 – No Further Stay?
No Further Stay Condition 8503 is commonly attached to temporary visas such as a Visitor Visa (Subclass 600), aiming to prevent individuals from using short-stay visas to transition to longer-term stays onshore. The condition mandates that you leave Australia before applying for most other visas.
Can You Apply for an 8503 Waiver?
You may be eligible to apply for a waiver to remove the Condition 8503 – No Further Stay; however, you must be able to provide a strong reason that you cannot control when you are holding your current visa. The Department of Home Affairs (DoHA) will consider issuing a new visa without the No Further Stay 8503 condition.
What Do I Put for the 8503 – No Further Stay Waiver?
The 8503 – No Further Stay are:
When there is a significant change in their circumstances and
The change is out of their control, and they cannot prevent or stop it.
Examples for a No Further Stay waiver are, and are not limited to:
death or serious illness of a close family member
natural disasters in the home country
war or civil unrest in the home country
When Can You Request a Waiver?
You must be able to establish all points that the Department uses with supporting evidence. It is recommended to seek legal advice before applying, as there is a high refusal rate due to insufficient evidence. You can request a waiver while holding the visa, as long as you fulfil the criteria. Your original visa will remain valid while you wait for the waiver approval. If the waiver is approved, the condition will be waived, and the visa grant date will remain.
Practical and Common Tips
When applying, be wary of common mistakes and avoid:
Putting old dates that do not meet the timeline requirements;
The limited documentation and no third party to support the claim
The details are scattered and hard to determine
That the applicants don't take into account the expiry dates;
Assuming that applying for a waiver means you will get the grant
What are the Scenarios that will lead to an 8503 Waiver Refusal?
One common reason is that the visa applicant fell pregnant while holding a temporary visa that is subject to the No Further Stay (Condition 8503) condition. This scenario is considered to be within the applicant’s control; hence, if a waiver is requested, it is highly likely to be refused.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
What are the Consequences of Breaching Visa Conditions on Future Applications?
Overstayed Your Visa? Steps to Fix Your Status and Avoid Deportation
How Can Agape Henry Crux Help
Make sure to seek an immigration lawyer’s guidance to identify a strong reason within your circumstances for a No Further Stay waiver. Consult with one of our Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva, who can assess your specific circumstances and advise on the best course of action. The team of immigration lawyers specialise 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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