How to Request a Waiver of No Further Stay (8503) Condition
Found a No Further Stay (8503) condition on your visa? Wondering how you can continue to stay in Australia? You may have a solution to waive the 8503 Condition on your visa.
Establish a Compelling and Compassionate Circumstance
You must be able to cite and produce documentary evidence and prove that a compelling and compassionate circumstance has developed since you were granted a visa:
Over which you had no control; and
That resulted in a major change in your circumstances
Do It Yourself may Lead to More Visa Issues
If you wish to waive a No Further Stay condition on your visa or your waiver request was unsuccessful, we highly recommend you speak to a lawyer or Accredited Specialist in immigration law to assist with your matter for the next steps.
Draft a legal submission in writing by completing Form 1447
However, if you still would like to lodge another No Further Stay condition waiver by yourself, you will have to convince the Department through a legal submission that:
The circumstances that have developed since the granting of your visa, or since you last made a waiver request, are compelling and compassionate;
You cannot do anything about these circumstances;
The circumstances made a significant change in your personal life.
Your legal submission waiver request Form 1447 must be submitted along with the following:
Copy of your passport
Documentary evidence to support your claims for a waiver (any documents or pieces of evidence not in English must include a translated version, accredited by the National Accreditation Authority for Translators and Interpreters)
You have to understand that a mere waiver request does not automatically waive the 8503 – No Further Stay condition attached to your visa. DoHA will process your request upon the lodging of your application and will notify you as soon as there is a decision.
If your visa expired before they come up with a decision, you will be considered an unlawful resident in Australia. Hence, it is really important to note that, while awaiting the decision of your waiver application, you must hold a valid visa to remain lawful.
If the condition is waived, then you can apply for another visa in Australia. However, the granting of another substantive visa will still be decided on a case-to-case basis.
If the No Further Stay waiver request is unsuccessful, What to do Next?
If your No Further Stay (8503) condition waiver is refused, then you will have to depart Australia before your current visa expires. The decision from DoHA is final and executory. You are not eligible to appeal to the Administrative Appeals Tribunal (AAT) again. Your only recourse is to lodge a new request – substantially different from your previous waiver request.
However, there are limited circumstances wherein you may apply for a judicial review. That is why the need for competent and experienced Accredited Specialist(s) in Immigration Law to help you with your application is of utmost importance. At Agape Henry Crux, we can assist you with your migration matter.
You can book with one of our lawyers 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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Staying unlawfully in Australia may lead to serious issues, such as being imprisoned, deported, and barred from applying for other visas in the future. If you have overstayed your visa, contact us at Agape Henry Crux so we can assist you.
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Yes, you can, however, you must declare to DoHA that you had an Australian visa denied. Not doing so will affect your chances for a visa grant.