Understanding the No Further Stay Condition (8503): Implications and Limitations
Discovered that your current visa has a No Further Stay Condition 8503 imposed, which may also mean that you cannot apply for most visas in the future.
But how exactly did you get a “No Further Stay” Condition on your visa? Here are some of the probable reasons.
The visa you are currently holding has a mandatory attachment of ‘No Further Stay’ Condition.
No Further Stay Condition 8503 is a mandatory attachment to the following visas:
Visitor visa (Subclass 600) - Sponsored Family stream
Visitor visa (Subclass 600) - Approved Destination stream
Visitor visa (Subclass 600) - Tourist stream, if there is an imposed sponsorship on it
Training and Research visa (Subclass 402) - Only for the Professional Development stream
Work and Holiday visa (Subclass 462) - If you have held two previous Subclass 462 visas
On the other hand, Condition 8534 is mandatorily attached to Student Visas, precluding holders from applying for another substantive visa other than the following:
Meanwhile, Condition 8535 is mandatorily attached to Student Visa (Subclass 500) for Department of Foreign Affairs and Department of Defence sponsored students, barring them from applying for another substantive visa other than a Protection Visa and a Student Visa supported by the sponsoring government agency.
You are not able to establish a compelling and compassionate circumstance that would warrant a waiver on this condition.
Some reasons are typically used by the Department of Home Affairs (DoHA) as metrics to determine whether a visa holder or an applicant has established a compelling and compassionate circumstance, such as the inability to travel for medical reasons, natural disasters, pandemics, or wars or civil unrest in the home country. Meanwhile, there are a few reasons that have been identified as not sufficient reason to establish a compelling and compassionate circumstance that would warrant a waiver.
You do not have sufficient evidence that would support your request for a waiver
Requests for a waiver should be in writing, with a filled-up Form 1447 along with a copy of your passport. Note that the No Further Stay (8503) Condition may be risky to your future visa applications, so we highly suggest that you speak with an immigration lawyer or even an Accredited Specialist in Immigration law for professional advice that suits your matter. But if you still prefer to do it yourself (DIY), your letter must be accompanied by supporting evidence, such as:
Medical certificates/letters from general practitioners or doctors
Hospital or medical bills
Police reports
Birth or death certificates
Statutory declaration made by you or a family member
Reports from internationally-recognised organisations on civil unrest, war, or natural disaster in your home country
If your request for appeal has been denied
If you feel you have a strong case that would warrant granting an exemption from Condition 8503, you may seek a judicial review from the Administrative Appeals Tribunal (AAT), which will then decide for or against your request for a waiver.
This is where Accredited Specialist(s) in immigration law and experienced immigration lawyers from Agape Henry Crux can step in and assist to build your case. 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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Although it varies from case to case, the estimated time that the Administrative Appeals Tribunal (AAT) takes to decide on a case is 28 days. And so, you have to make sure that you are holding a substantive visa to remain in Australia lawfully while waiting on the decision on your waiver request.
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No it won’t, however, applying again using the same information for which you have been denied will always produce the same decision of visa grant refusal. Hence, it is important that when you lodge your application, you have completed all the necessary documents and paid all the dues.
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When applying for a visa, you must show that you can fend for yourself and not be a burden to the Australian Government. You need at least AU$ 1,000 to AU$ 1,500 in your bank account to show that you are financially stable.