Before applying for any visa, you should ensure that your current visa does not have a No Further Stay condition, as it means you cannot apply for most visas to stay longer in Australia.
Temporary visa holders affected by COVID-19 travel restrictions
As we approach one-year mark of COVID-19 pandemic reaching Australia, temporary visa holders remain affected by the travel restrictions and find themselves stuck in a dilemma where they cannot secure flights to leave Australia and yet unable to extend their visas due to No Further Stay conditions.
What is a ‘No Further Stay’ condition?
If you are granted a visa with a ‘No Further Stay’ (or No Further Application) condition, it means you can’t apply for any other visas (except for protection visa or a specific temporary visa) to extend your stay in Australia.
How do I check if my visa has a No Further Stay condition?
There are three ways you can check:
- your visa grant letter from the Department of Home Affairs; or
- online check via the Department’s website; or
- online check via Visa Entitlement Verification Online.
If you are still unsure, send us an email at info@agilelegal.com.au and we will be in touch shortly.
What are the differences between Conditions 8503, 8534 and 8535?
‘No Further Stay’ conditions include Conditions 8503, 8534 and 8535:
Condition 8503 is a mandatory condition attached to the following visas:
- 600 – Visitor visas (Sponsored Family stream)
- 600 – Visitor visas (Approved Destination stream)
- 402 – Training and Research visas
For example, if you currently hold a Visitor visa (Sponsored Family stream), you cannot apply for a new visa because of condition 8503. You must request a waiver of this no further stay condition to apply for another visa.
Condition 8534 is a discretionary condition for all student visa holders. It is commonly attached to Student Guardian Visas (subclass 590). If you are a Student Guardian and wish to stay longer in Australia without waiving this condition, your visa options are limited to the following:
However, if the student is 18 years old or older, the extension of student guardian visa can only be granted under exceptional circumstances. If you are experiencing difficulties in your visa situation, speak to our immigration lawyer now.
Condition 8535 is a mandatory condition attached to Foreign Affairs and Defence sponsored students only. If you fall under this category, your next Student Visa must be supported by the sponsoring government.
How can I make a No Further Stay waiver request?
If your visa has a No Further Stay condition, you must be given a waiver to make a new visa application.
You must submit a formal written waiver request explaining your circumstances along with supporting documents to the Department of Home Affairs.
There are specific requirements that you must satisfy in your waiver request.
You can request to waive this condition if you:
- have developed circumstances that are both compelling and compassionate;
- have no control over these circumstances; and
- these circumstances have resulted in major change in your personal circumstances.
The process of making the waiver request can be extremely tricky and stressful due to the technical nature of immigration law. Just because you have submitted your request does not automatically waive the visa condition. If your visa expires before the waiver decision is approved, your stay in Australia will be unlawful.
Keep in mind that the case officer will not approve your waiver simply because you did not know about this condition.
Throughout COVID-19, our team of immigration expert lawyers has successfully helped many clients to put in strong arguments to waive their No Further Stay visa condition, allowing them to continue living and working in Australia.
If your visa is expiring and has a No Further Stay condition, please reach out to us as soon as possible to discuss your options.
We are here to help.
Who are we?
Agile Legal Consulting is a boutique law firm in the heart of Melbourne CBD. We support and assist our clients in all areas of law, with a specialisation in immigration law, commercial law, and property law.
Led by our Accredited Immigration Law Specialist – Jensen Ma (MARN 9802879), together with a dedicated immigration law team with over 60 years of collective experience, we are passionate about providing our clients with comprehensive, client-focused solutions.
Our multi-lingual lawyers offer assistance on a broad spectrum of immigration matters. Come speak to us in English, Mandarin, Cantonese, Korean or Bahasa Melayu – we are always available to answer your questions.
