Compelling and Compassionate Circumstances for No Further Stay (8503) Waivers
Are you curious to learn what qualifies as a compelling and compassionate circumstance in an 8503 – No Further Stay condition attached to a visa?
Although no exact definition was given in law or in any legislation, the Department of Home Affairs (DoHA) uses a “compelling and compassionate circumstance” to make a decision for the visa applicant’s waiver from certain public interest conditions – including those with Condition 8503 - No Further Stay attached to their visa.
Below are the factors that are typically given due consideration:
If you are unable to travel for medical reasons
You must be able to prove, with evidence, that a non-issuance of a No Further Stay condition waiver to extend your stay in Australia would be severely detrimental to your physical or mental well-being.
Upon application for a waiver, you will be required to provide the following supporting documents:
Medical certificate
Letter from your General Practitioner (GP) outlining your illness or injury;
Fully accomplished Modified Arrangement for Coursework Assessment (for Student Visa holders).
If a close family member of yours has died or has a severe illness
Where possible, a death certificate of a close family member, or medical certificate or a letter from your loved one’s GP may be required as evidence to prove this.
If your home country has suffered natural disasters
Natural disasters such as severe typhoons, tsunamis, and earthquakes of epic scales, may be cited as a reason for you to apply for a waiver.
The Department Officer of Immigration shall assess your personal situation and the extent to which you are affected by the disaster and shall decide whether you are qualified for a waiver.
If epidemics or global pandemics have been declared
Global pandemics such as COVID-19 triggered restrictions in mobility to and from one country to another, making it a valid reason to request an extension for a stay in Australia.
Holders of visa which may typically have a No Further Stay condition mandatorily attached to it may apply for an exemption and, if an exemption is granted and are currently outside of Australia, may travel back to the country.
The Commissioner of the Australian Border Force (ABF) may consider additional exemptions amidst travel restrictions to the following:
Foreign nationals travelling upon the invitation of the Australian government for the purpose of assisting in the COVID-19 response, or whose entry to the country would be in the national interest
Critical medical services such as air ambulance and delivery of supplies that regularly arrive in Australia from international ports
Medical specialists, engineers, marine pilots, crews, and other persons with critical skills by exemption
Members of the diplomatic corps accredited to Australia and currently lives in the country, including their immediate family
Persons with critical skills that would maintain the continuous flow of essential goods and services, including the following:
Medical technology
Critical infrastructure
Telecommunications
Engineering and mining
Supply chain logistics
Agricultural technology
Food production
Maritime industry
Where no Australian worker is available, persons with critical skills in delivering services that might be critical to Australia’s economic recovery, such as:
Financial technology
Large-scale manufacturing
Film and television production
Emerging technology
However, as much of the world begins returning to normal, this reason may not already be sufficient to establish a compelling and compassionate circumstance.
If a war or civil unrest broke out in your home country
If returning to your home country, which may be currently experiencing severe political upheaval, would make it not safe for you, then you may be able to cite this as a reason for a waiver of the No Further Stay Condition.
You may also be qualified to apply for a Protection (subclass 866) visa and seek asylum.
How Can Agape Henry Crux Help
At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are specialised to handle highly complex matters. You can book one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, and Malay. 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.
Frequently Asked Questions (FAQs) for No Further Stay (8503) Condition
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Your visa grant letter will provide the details of all the conditions attached to your visa. You may also check it through Visa Entitlement Verification Online (VEVO).
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If you are holding a visa in which the No Further Stay condition is mandatorily attached, you may not ask for it not to be imposed on your visa. Moreso, doing so will raise suspicions that you don’t intend to visit Australia temporarily which may lead to Genuine Temporary Entrant (GTE) on your future visa application.
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If your visa has already expired, then you are an unlawful resident in the country. Your best course of action is schedule a consultation an immigration lawyer to strategize a migration pathway that is best suited for your situation.