What Does Not Qualify as a Compelling and Compassionate Circumstance when Waiving for an 8503 – No Further Stay Condition?
Want to remove or waive your 8503 – No Further Stay condition to remain in Australia? Then, you must establish a compassionate and compelling circumstance to be eligible for a waiver. But you have to know what could not be accepted as a compelling and compassionate circumstance.
Being married to, or in a de facto relationship with, an Australian or eligible New Zealand Citizen, or permanent resident
Using a de facto relationship or marriage is not considered beyond an individual’s control when applying for a waiver of the 8503 – No Further Stay condition, thus it cannot be used as a ground for a compelling and compassionate circumstance.
If you are in a relationship with, or legally married to, eligible Australian or New Zealand citizens, including permanent residents (PR), you may opt to apply for an Offshore Partner Visa (subclass 309/100) instead, but you will have to leave Australia first and apply it outside of Australia.
Pregnancy
While the Department of Home Affairs (DoHA) don’t typically consider pregnancy as something beyond an individual’s control when applying for a waiver. However, complications related to it, or difficulties in childbirth, may be considered as one.
If complications related to your pregnancy arise, you will have to provide proof such as medical certificates or letters from your General Practitioner (GP), including hospital or medical bills, to qualify for a No Further Stay condition waiver.
Deterioration of an existing illness or medical condition
Unless you can show that the deterioration of your lingering illness or medical condition has significantly developed since you were granted a visa and moving you out of the country could pose a great risk to your physical well-being, you cannot use your illness or medical condition as a ground for a No Further Stay condition.
But if so, you will have to attach proof such as medical certificates or letters from your GP, including hospital or medical bills, to qualify for a No Further Stay condition waiver.
Elective Surgery
The Australian Institute of Health defines elective surgery as “a planned surgery that can be booked in advance as a result of a specialist clinical assessment.”
While it may be considered medically necessary and may be required urgently, elective surgeries are not in nature emergencies, thus it cannot be considered a compelling and compassionate circumstance to extend your stay in Australia.
However, if complications arise from your elective surgery, or if your elective surgery gets continually delayed due to long waiting lists because of the pandemic, you may be qualified for a No Further Stay condition waiver.
How We Can Help
That is why you may require competent and experienced Immigration Lawyers and Accredited Specialists in Immigration Law to help you with your application is of utmost importance. This is where Agape Henry Crux can assist with your visa matter.
You can book with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing 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 decision will lead to a PIC 4020 ban. Moreover, section 234 of the Migration Act of 1958 prescribes a maximum of 10 years of prison time for anyone who provided false information or documents related to their visa application to a non-citizen. Meanwhile, visa applicants may face deportation and a three (3) to ten (10) year visa application ban.
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In short, yes, you can. However, there may be restrictions on your right to return to Australia. If you continue to disobey the conditions imposed on your visa, then a permanent ban may be imposed on you.
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Section 210 of the Migration Act states that non-citizens unlawfully staying in Australia will be the one to shoulder the cost of the ticket back to their home country or any country outside of Australia, including other charges.