Request a waiver of a ‘No Further Stay’ condition.
Many Visas including the Tourist/visitor visa, sponsored business visas and working holiday visas (at the end of your extension periods) may have condition 8503 applied to it.
Condition 8503 states – The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia. (Migration Regulations 1993 Section 8).
On your letter from the Department of Home Affairs granting your visa, it lists the conditions your visa is subject to.
You can check your visa conditions on your visa using the Visa Entitlement Verification Online System (VEVO). See: Visa status, how to check with VEVO | Keystone Visa
A No Further Stay condition prevents visa holders from applying for most temporary and permanent visas while they are in Australia unless the condition is waived.
If your visa is subject to condition 8503, you generally cannot apply for a further visa in Australia unless you request a waiver of a ‘No Further Stay’ condition and are granted a waiver.
You can ask the Department of Home Affairs to waive the No Further Stay condition if a major change in your situation occurs.
This change must be out of your control – you could not have prevented or stopped it.
Examples of major changes that meet this criterion:
- unable to travel due to a medical reason
- death or serious illness within close family
- natural disaster in home country
- war or civil unrest in home country
- your school cannot provide the course that you were approved for
Some changes that are major but not considered as reasons for waiver:
- marriage or starting a de facto relationship with an Australian citizen or permanent resident
- failing your course
- pregnancy – unless your doctor has advised you not to travel
Not knowing the condition was attached to your visa is not a reason for a waiver.
Currently due to the Covid-19 pandemic you may find, as are many people, that your visa has condition 8503, and is due to expire, but you cannot depart Australia due to travel bans, or you are unable to book passage out of Australia. The Condition 8503 restricts you from applying for another visa to remain lawfully in Australia.
In these circumstances, which are out of your control you can request a waiver of the Condition 8503 to allow you to apply for another visa to remain in Australia.
The Department of Home Affairs encourages you to submit your waiver request before your current visa expires.
Keystone Visa and Migration Services have been successful in applying for waivers of Condition 8503 due to Covid-19.