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.

The Department of Home Affairs encourages you to submit your waiver request before your current visa expires.

For further assistance with applying for a partner visa, please contact us at [email protected] or through the contact us page on this website.