Parish Patience Immigration Lawyers

Condition 8503 - "No Further Stay" Waiver

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Condition 8503 – “No Further Stay” Waiver

A 'No Further Stay' condition prevents visa holders from applying for many temporary and permanent visas while they are in Australia.

Conditions include 8503, 8534 and 8535.

If one of these conditions has been attached to your visa, you cannot apply for another visa (except a protection visa or a temporary visa of a specified kind, while you are in Australia).

Checking your visa

If you want to check whether a 'No Further Stay' condition is attached to your visa, you can look in your grant letter or check VEVO

Requesting a waiver

You can ask us to waive the condition if a major change in your situation occurs while you hold this visa.

This change must be out of your control - you could not have prevented or stopped it. If you wish to remain in Australia beyond your visa’s expiry date, a request to waive this condition must be made.

The circumstances in which the minister might waive a ‘No Further Stay’ condition are:

  1. since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:

    • over which the person had no control

    • that resulted in a major change to the person’s circumstances

  2. if the minister has previously refused to waive the condition, the minister is satisfied that the circumstances mentioned in paragraph (a) are substantially different from those considered previously

  3. if the person asks the minister to waive the condition, the request is in writing.

As there are travel restrictions for few countries and that are beyond the applicants control these can be considered “Compelling and Compassionate and therefore applicants from countries who have been affected by travel restrictions caused by Coronavirus may be able to apply for a waiver of the 8503 condition.

If you need immigration advise or assistance, please ring us on 02 9286 8700 or email us on ppmail@ppilaw.com.au; to book an appointment with our Lawyers or Migration Agents. We can also consult over the telephone, and Skype for those interstate or overseas and for those living in or near Sydney and who are concerned about leaving home at the moment.

If you have a visa with an expiry date and are not sure when it expires we suggest you check your visa grant conditions urgently – please refer to the No Further Stay Waiver information below.

 

 

 

 

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