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What is condition 8503 – no-further stay

By admin_thai on May 20, 2019 in Australian Visa Information

Condition 8503 is the ‘No Further Stay’ condition that prevents the visa holder from applying for another visa, subject to very limited exceptions, whilst they are in Australia. For example, if you are in Australia on a visitor visa that is subject to Condition 8503 you will not be able to apply for a partner visa whilst you are in Australia. If you wish to apply for another visa you will have to apply whilst you are outside of Australia.Your visa grant notice will list all of the conditions that your visa is subject to. You can also check your current visa status, and any conditions attached to your visa, through the Department’s Visa Entitlement Verification Online (VEVO)

It is the responsibility of all visa holders to be fully aware of all of the conditions attached to their visa. Failure to comply with a visa condition can have serious consequences, including having your visa canceled. If your visa is canceled whilst you are in Australia, you will become an unlawful non-citizen and may be removed from Australia.

Will my visa have Condition 8503?

This will depend on the visa that you have been granted. For some visas, Condition 8503 cannot be attached, for others, it may be attached, and for some, it must be attached. Here are some examples:

Electronic Travel Authority (subclass 601) – Condition 8503 cannot be attached

Visitor visa – tourist (subclass 600) – Condition 8503 may be attached

Visitor visa – sponsored family stream (subclass 600) – Condition 8503 must be attached

Can I ask for the condition not to be on my visa?

No, you cannot ask the Department to not attach Condition 8503 to your visa.

Can I have Condition 8503 removed from my visa?

To have Condition 8503 removed from your visa, you will need to be granted a waiver of the ‘No Further Stay’ condition. A waiver can only be granted if ‘compelling and compassionate circumstances have developed since you were granted your visa, over which you had no control, and these circumstances have resulted in a major change to your circumstances’.

How do I request a Condition 8503 waiver?

You will need to provide supporting evidence to the department that supports your no further stay waiver request. This can be done using the Department’s Form 1447. It is essential that your request meets the criteria for a waiver. If it doesn’t, your waiver request will not be successful.

How long does a Condition 8503 waiver request take?

A waiver is not automatic. Your waiver request will be decided by assessing your circumstances against the criteria for a successful grant of a waiver. A waiver request can take many weeks to be decided If your waiver request is not decided before your current visa ends, you will become an unlawful non-citizen and may be removed from Australia.