No Further Stay (8503) is a condition on certain visas, which means you can’t apply for most temporary and permanent visas while in Australia. If you want to stay in Australia longer than your current visa allows, you must apply for a waiver of the No Further Stay condition before applying for another visa.
The No Further Stay (8503) condition is not automatically applied to every visa. It only applies to specific types of visas such as student visas, tourist visas, working holiday maker visas and Bridging Visas A and B. If this condition has been imposed on your current visa, it will be listed under ‘Visa Conditions’ in your Visa Grant Notice.
Who is Eligible for the No Further Stay Waiver?
Not all visa holders are eligible for the No Further Stay Waiver. The eligibility criteria for this waiver vary depending on the type of visa that you hold. Generally, you may be eligible for the No Further Stay Waiver if you hold a temporary visa with a ‘No Further Stay’ condition and meet certain requirements.
When can you request a waiver?
If you’ve ever been issued a No Further Stay (8503) condition on your visa, you may wonder if there’s any way to waive it. The good news is that you can potentially ask us to waive the condition if there is a major change in your situation. This change must be out of your control – for example, serious illness or injury, death of an immediate family member, natural disaster or civil unrest.
It is essential to note that this type of waiver isn’t granted lightly. You’ll need to provide evidence demonstrating why the No Further Stay condition should be removed from your visa. In particular, we will consider the event’s severity; how it has influenced you and your family; what steps have been taken to ensure similar events won’t occur in future; and whether other options are available.
The Australian Department of Immigration and Border Protection (DIBP) has set out a list of conditions that qualify for a waiver when applying for a No Further Stay (8503) visa. However, some major life changes, such as marriage or starting a de facto relationship with an Australian citizen or permanent resident, cannot be used to support the application for this type of visa.
Marriage is not accepted as grounds for the No Further Stay (8503) visa waiver. This applies regardless of whether you marry an Australian citizen or permanent resident. Similarly, starting a de facto relationship with an Australian citizen or permanent resident does not constitute sufficient grounds to apply for this type of visa waiver either.
Submit Waiver Request
Submitting a waiver request is essential to the No Further Stay (8503) visa application process. The No Further Stay waiver request form should be completed and submitted before a current visa expires. This helps to ensure that all relevant information is included in the waiver request, which is necessary for successful processing.
The waiver request form requires applicants to provide information about their current situation, such as their immigration status, prior visa applications, and whether they are seeking a change of status or an extension. Additionally, it asks applicants to list any criminal history or health issues pertinent to their case. It also requests contact details, so Immigration can reach out if more information is needed.
Failure to submit the waiver request before your current visa ceases could result in serious consequences, such as being deported from the country or facing criminal charges.
What Happens After You Apply for the No Further Stay Waiver
Regarding the No Further Stay condition (8503) in Australia, there are several steps you need to take if you want your application for a waiver to be successful. Once you have requested a waiver, it is important to remember that this does not automatically waive the condition.
The Department of Home Affairs will assess each request’s merits and determine if they grant or reject the waiver. The decision will depend on the individual circumstances of each person’s case. It is important to understand that even if your request is approved, this does not guarantee that your visa status will be changed or that any restrictions under condition 8503 will be lifted.
The Department of Home Affairs may need more information before deciding whether or not to grant your waiver request. They will notify you in writing once they have decided on your application.
What if the condition is waived
If the No Further Stay (8503) condition is waived, you may be able to apply for another type of Australian visa while still staying in the country. However, it is necessary to note that this waiver does not guarantee success and should only be used as a last resort when all other options have been exhausted. It may also take considerable time and effort to get this condition waived due to its stringent requirements. Therefore, it is advisable to look into other options before considering applying for a waiver of the No Further Stay (8503) condition.
What if the condition is not waived
If the No Further Stay (8503) condition is not waived, you may face significant challenges regarding your visa application. This is because this condition prevents you from applying for another substantive visa. It applies to those who have already held one or more visas in Australia and are looking to apply for another.
The No Further Stay condition can have a range of implications, depending on the individual’s circumstances. For example, if someone has applied for a student visa, but their application is refused and the No Further Stay condition is imposed, they will be unable to apply for any other type of Australian visa until that condition is lifted. Additionally, people with this condition may also be prevented from returning to Australia after they leave, as it can bar them from entering the country again until the waiver has been granted.
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