Understanding Visa Condition 8503: No Further Stay
What is Visa Condition 8503?
Visa Condition 8503 - No Further Stay prevents holders from applying for any substantive visa, except for onshore Protection Visa (Subclass 866) applicants. This condition will be implemented on Visitor Visas in 2024 to prevent the misuse of visitor visas to bypass offshore student visa integrity checks.
What Does Visa Condition 8503 - No Further Stay Mean?
The no further stay condition means that:
“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.”
If you hold a tourist visa under this condition, you cannot apply for a partner visa (Subclass 820) or any other visa in Australia. To apply for another visa, you must first leave the country.
Why Does my Visa have Condition 8503?
Your visitor visa may be issued with the visa condition 8503 if you cannot demonstrate substantial ties to your home country, such as:
Employment.
Family connections.
Property ownership.
Demonstrating that you are a genuine temporary entrant (GTE) can exempt you from this condition.
Which Visas are Subject to No Further Stay - Condition 8503?
The following visas are subject to the mandatory imposition of Visa Condition 8503:
Tourist visa (Subclass 600): Sponsored Family Stream, Approved Destination Stream, Tourist Stream (if sponsorship has been imposed on it)
Training and Research Visa (Subclass 402): for professional development stream only
Work and Holiday visa (Subclass 462): if you have previously held two subclass 462 visas
How Can I Find Out if a Condition 8503 is Imposed on My Visa?
You can check your visa status and any visa conditions through the Visa Entitlement Verification Online (VEVO) program. If the Department imposes Visa Condition 8503, it will be indicated on your visa approval letter.
Can I Convert My Tourist Visa to a Student Visa in Australia in 2024?
No, if your tourist or visitor visa is subject to Visa Condition 8503—No Further Stay, you cannot convert it to a student (subclass 500) visa while in Australia. You must leave Australia and apply for a student visa from outside the country. You may request a waiver of Condition 8503 under extraordinary circumstances.
How to Remove Condition 8503 on Visas in Australia?
You can request a waiver of the no further stay condition under specific circumstances that are out of your control, such as:
Unfitness to travel due to a health condition.
Death of a close family member.
Natural disasters in your home country.
Violence or instability in your home country.
What Circumstances are Generally Not Considered for 8503 No Further Stay Waiver?
The following scenario will not be generally considered as ‘beyond your control’ factors for waiver:
Pregnancy.
Elective surgery.
Marriage to an Australian citizen.
How Can I Make a Waiver Request for Visa Condition 8503?
To request a waiver:
Submit a Written Request: Complete Form 1447. You can find the submission address on Form 1447.
Attach a Comprehensive Explanation: Include a letter detailing your circumstances and why they qualify for a waiver.
Provide Supporting Evidence: This can include:
Medical certificates.
Medical bills.
Police reports.
Death certificates.
Reports of war or natural disasters from your home country.
How long is the processing time for Visa Condition 8503 Waiver?
A waiver request for Visa Condition 8503 generally takes up to 28 days to receive an outcome. A longer time might be expected if you are invited to provide further information or attend a medical examination.
What to Do if My Request for a Waiver to Visa Condition 8503 is Denied?
If your waiver request is denied, consider seeking legal professional help for judicial review, as the Administrative Review Tribunal (ART) does not review these decisions. You may also consider reapplying for a waiver if your circumstances have changed since your last request.
What else must I know about No Further Stay - Condition 8503?
Even if Visa Condition 8503 is waived, it does not guarantee that you can apply for another visa. If you are unlawful when requesting a waiver, consider applying for a bridging visa to avoid the risk of detention.
How Can Agape Henry Crux Help You?
Always seek professional advice to ensure there are no additional barriers to applying for another visa. Contact us if you want to learn more or seek professional advice on your next visa pathway. You can book a Migration Planning Session with one of our Accredited Specialists in Immigration Law, immigration lawyers and registered migration agents to seek professional advice by calling 02 8310 5230 or emailing us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If these aren’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.