Many people holding temporary visas for Australia are surprised to discover that their visa is subject to Condition 8503, also known as the “No Further Stay” condition. This condition restricts a visa holder from being entitled to be granted a substantive visa while in Australia, except for a Protection visa. Where a visa holder’s circumstances change since last entering Australia, it may be possible to request a waiver of Condition 8503 in limited circumstances.
What is Condition 8503?
Condition 8503 (“No Further Stay”) is a visa condition imposed by the Department of Home Affairs. It means that while you are in Australia, you cannot apply for another visa, even if your current visa has ceased, except in very limited circumstances (such as applying for a Protection visa).
Condition 8503 exists to prevent visa holders from extending their stay by applying for further visas from within Australia. It is generally a discretionary condition often attached to Visitor visas, Student visas, or other temporary visas. It is a mandatory condition for certain applications, such as various streams of the Visitor visa (including the sponsored family stream).
If Condition 8503 applies to your current visa, and you try to apply for another substantive visa, it would be deemed invalid (i.e. no application is made). In such a case, you must leave Australia before applying for a new visa. However, in certain cases, the Department may agree to waive the condition.
You can check whether your visa is subject to Condition 8503 by reviewing your visa grant letter, which lists all conditions, or by using the Department’s Visa Entitlement Verification Online (VEVO) service. If “No Further Stay – 8503” is shown, the condition applies to you.
Can Condition 8503 Be Waived?
A waiver of Condition 8503 may be granted, but only if strict requirements are met. The Department may consider a waiver if compelling and compassionate circumstances have arisen since your visa was granted, and those circumstances:
- were beyond your control; and
- resulted in a major change to your circumstances.
Examples could include serious illness, death or serious injury in your immediate family, a natural disaster in your home country, war or severe civil unrest in your home country, or significant changes in your personal situation that could not have been anticipated.
It’s important to note that even if Condition 8503 is waived, this does not guarantee that a new visa will be granted. You must still meet all eligibility requirements for the visa you intend to apply for.
The Department may also waive condition 8503 if you have a genuine intention to apply for:
- A General Skilled Migration (GSM) visa – such as the Subclass 189, 190 or 491;
- An Employer Nomination Scheme (ENS) Subclass 186 visa;
- A Permanent Residence (Skilled Regional) Subclass 191 visa;
- A Skills in Demand (SID) Subclass 482 visa; or
- A Skilled Employer Sponsored Regional (SESR) Subclass 494 visa.
How Can I Apply for a Waiver of Condition 8503?
If you are seeking to apply for a further visa in Australia and your visa is subject to Condition 8503, you must:
1. Submit a waiver request
Submit a waiver request to the Department of Home Affairs before lodging a new visa application (which can be done via the No Further Stay Waiver Request Form).
2. Provide strong supporting evidence
3. Wait for the Department’s decision.
If a waiver is granted, you can then apply for the desired visa. However, if the waiver request is refused, you will usually need to leave Australia before applying for another visa. A refusal is not merits-reviewable, though in limited cases, judicial review to the court may be possible.
Do you require further assistance?
At Hannan Tew Lawyers, we have significant experience with advising on, preparing and lodging Condition 8503 waiver requests. If you are or someone you represent is subject to Condition 8503 and needs to explore whether a waiver is possible, please get in touch with our experienced team. Contact us by email at [email protected] or by phone at +61 3 9016 0484.
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