"No Further Stay Condition": What is it and How to Waive it?

Some people travel to Australia and are attracted to the stunning views, friendly people, and beautiful cultures. With some reluctance, these visitors have to depart Australia before their visa expires. You may seek to apply for other visas to extend your stay, let’s check out how to get your ticket!

What is the No Further Stay Condition?

S41 of the Act regards a condition, often referred to as a ‘no further stay condition’, which is prescribed by the regulation as Condition 8503 in Schedule 8. 8503 states 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.’

 How No Further Stay Condition 8503 Binds You? 

The purpose of condition  8503 is to prevent the holder from lodging a further visa application in Australia. The condition is intended to provide additional assurance to the Department that the holder will depart Australia prior to the cessation of their visa. While the wording implies that a visa cannot be granted, it operates by preventing a visa application (other than a protection visa application) from being validly made to be considered.

The visa condition remains in effect while the visa holder remains in Australia unless it has been waived or the visa holder leaves Australia. It is therefore important to waive condition 8503 on their visa while you remain in Australia before any further visa application is made. The minister may waive this condition in prescribed circumstances.

When You Can Request A No Further Stay Condition Waiver? 

Visa holders can ask the Department of Home Affairs to waive the No Further Stay condition ONLY if there is a major change in their situation and the change must be out of their control, they could not have prevented or stopped it.  

Examples of major changes that are reasons for a waiver: 

  • unable to travel for medical reasons 

  • death or serious illness of a close family 

  • natural disasters in the home country 

  • war or civil unrest in the home country 

  • your school cannot provide your approved course 

Examples of major changes that are not reasons for a waiver: 

  • marriage or starting a de facto relationship with an Australian citizen or permanent resident 

  • failing your course 

  • Pregnancy 

 

How to Waive No Further Stay Condition? 

You need formally draft a legal submission (in writing) to demonstrate your circumstances to the Department.  

There is no limit on times to request the waiver, but please note that you must present substantially different circumstances to those previously presented. If the delegate is not satisfied that the circumstances are substantially different from those considered previously, the further waiver request must be refused. 

Here, a lawyer comes in to help and guide you on the right track. Contact us! 

 

When You Can Waive Condition 8503 Automatically? 

Scenario 1: r. 2.05 (4AA)  

The Minister may waive condition 8503  in relation to a visa if the holder of the visa has a genuine intention to apply for: 

Scenario 2: r. 2.05 (4AB) 

The Minister may waive condition 8503 in relation to a visa if the holder of the visa has a genuine intention to apply for:

for a period or periods totalling 42 months (which need not be continuous), and meeting one of the following requirements: 

  • does not receive any social security benefits determined and is engaged in employment; 

  • is enrolled in full-time study at an educational institution in a regional area 

  • a combination of the two requirements mentioned above. 

  

How does the No Further Stay Condition 8534 Binds Your Student Visa?- r.2.05(5A) 

Similar to condition 8503, condition 8534 may be imposed on some student visas. The holder of such visas will not be entitled to be granted a substantive visa, other than a protection visa or a student visa on the basis of support from the Commonwealth government or a foreign government if the holder: 

(a)  has completed the course for which the visa was granted; and   

(b)  has a genuine intention to apply for: 

Plan Ahead, and Move Smart! 

The legal submission in relation to waiving the no further stay condition 8503 must meet the requirement by law as above-mentioned. Once you failed in your first application, there will be no strong prospects to achieve success unless rising up significant changes or dominating reasons. To be well planned, a consult with lawyers will definitely be a smart move. 

 

How Can Agape Henry Crux Help You?    

If you want to find out more about your visa or need advice on your Australian migration matter, contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02 8310 5230 or emailing us to book a time at info@ahclawyers.com.   

We speak fluent English, Korean, Japanese, Mandarin, Cantonese, Indonesian, Burmese, 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.   

 

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