Australia Migration, Immigration Australia, Migrating to Australia
Username:

Password:



Forgotten Password
Free Registration for Assistance | About Us | Contact us | Sitemap | Secure Client Log in
More info about Immigration Australia, Visa Australia

A Migration Lawyer is available

to assist you - Register now


Registered to Provide Migration Advice

No Further Stay conditions

A 'No Further Stay' condition is a condition that prevents the visa holder from applying for many temporary and permanent visas while they are in Australia.

  • 'No Further Stay' conditions include 8503,​ 8534 and 8535

If one of these conditions has been imposed on your visa, it means you cannot apply for another visa to extend your stay (other than a protection visa or a temporary visa of a specified kind).

When you depart Australia a 'No Further Stay' condition will not prevent you from applying for other visas.

'No Further Stay' conditions can be imposed on a range of temporary visas.

Condition 8503 is a mandatory condition of the following visas:

  • Visitor visa (subclass 600) for the following streams:
    • sponsored family stream
    • approved destination status scheme stream operating out of the People's Republic of China
    • tourist stream for applicants who have sponsorship imposed on them
  • Training and Research visa (subclass 402) for the professional development stream only
  • Work and Holiday visa (subclass 462) if you have previously held two subclass 462 visas.

If the visa is subject to condition 8503, you cannot apply for a further visa in Australia other than:

  • a Protection visa.

Condition 8534 is a mandatory condition on certain Student visas (Assessment level 3 and 4 applicants only) where the course duration is 10 months or less in the following subclasses:

  • Independent ELICOS Visa (subclass 570)
  • Vocational Education and Training Visa (subclass 572)
  • Higher Education Visa (subclass 573)
  • Postgraduate Research (subclass 574)
  • Non-Award Visa (subclass 575).

Condition 8534 can also be imposed on a Student visa irrespective of your Assessment Level or period of study. This will be decided by the case officer assessing your application.

If the visa is subject to condition 8534, you cannot apply for a further visa in Australia other than:

  • a Protection visa
  • a Student visa with permission to work (if the current student visa has condition 8101 imposed)
  • a Student Guardian (subclass 580) visa (if the applicant holds or last held a 580 visa) or
  • Graduate - Skilled (subclass 497) visa.

Condition 8535 is a mandatory condition of the following Student visa:

  • Foreign Affairs or Defence Sector Visa (subclass 576).

Condition 8535 can be imposed on other Student Visas.

If the visa is subject to condition 8535, you can only apply for one of the following visas while you are in Australia:

  • a Protection visa
  • a Student visa with permission to work (if the current student visa has condition 8101 imposed)
  • another Student visa of any subclass and the sponsoring Australian Government agency or foreign government supports the grant.

Special circumstances that apply to certain visas which have the 8503 condition

If you hold one of the following visas, you must read the information below:

  • Visitor visa (subclass 600) - sponsored family stream and tourist stream (for applicants who have a sponsorship imposed)
  • Professional Development visa (subclass 470)
  • Training and Research visa (subclass 402)
    If you request a waiver of a 'No Further Stay' condition and this results in your staying in Australia after your visa expires, you will have breached another condition on your visa -namely condition 8531 'Must leave before visa expiry'. This means that penalties will be imposed on your sponsor even if the ‘No Further Stay’ condition is waived and you are granted another visa.
    Note: In addition, any security bond lodged in support of that visitor visa or professional development visa application might be forfeited.
  • Work and Holiday visa (subclass 462)
    If your work and holiday visa contains a ‘No Further Stay’ condition, you cannot request that it be waived and you must leave Australia before your visa expires.

Requesting a waiver of 'No Further Stay' conditions

It is not possible to request that a 'No Further Stay' condition be left off your visa at the time you apply for the visa.  If you are in Australia holding a visa with condition 8503 imposed on it and your circumstances change, there is provision to waive the condition in limited circumstances that are set out at Regulation 2.05(4) of Australia's migration legislation.

This regulation states:

The circumstances in which the minister might waive [condition 8503] are:

  1. since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:
    1. over which the person had no control
    2. 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'.

It is not possible for the Department to consider waiving the condition for any other reasons.

Therefore, if you do request a waiver of a 'No Further Stay' condition, the departmental officer who considers your request must be satisfied that all the above requirements apply in your case, namely that:

  • the circumstances that have developed since you were granted the visa are both compassionate and compelling
  • you had no control over these circumstances
  • these circumstances have resulted in a major change to your personal circumstances.

Waiver is not automatic; each request is decided by assessing your particular circumstances against the above legal requirements.

Circumstances not considered beyond the applicant's control

The following circumstances would not under policy constitute a situation that would be regarded as 'beyond the control' of the visa holder for the purposes of the waiver provisions:

  • Marriage to (or commencing a de facto partner relationship with) an Australian citizen or permanent resident
  • Pregnancy (women who become pregnant while in Australia would generally need to have evidence they are unable to leave Australia).
  • Failure to complete a course due to failing a subject.

 

Username:

Password:



Forgotten Password