‘No Further Stay’
It 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.
- This will not prevent you from applying for other visas, when you depart Australia.
- No Further Stay’ conditions can be imposed on a range of temporary visas.
- Condition 8503 is a mandatory condition on the following visas:
- Visitor visa (subclass 600) (Sponsored Family stream)
- Visitor visa (subclass 600) (Approved Destination stream)
- Visitor visa (subclass 600) (Tourist stream) if sponsorship has been imposed on it
- 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 (subclass 866).
Check in your grant letter if there is “No Further Stay” Condition attached to your visa
If in case an important change (uncontrollable change) in your situation take place you can request to waive the ‘No Further Stay’ Condition.
Below are the examples of Major changes which satisfy these criteria
- 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
These changes 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
Note: The Reason that you didn’t know that the condition was attached to your visa is not a reason for a waiver.
To request a waiver
It is advised to submit your waiver request before your current visa ceases.
It requires each visa holder is required to submit an individual request.
Processing time for a waiver
- Processing times may vary.
- Just sending a request for a waiver does not automatically mean this condition will be waived. You will be notified of the outcome before your visa expires.
- You may be asked to provide more information, then it could take longer.
- If already submitted a waiver request, you need not to send another enquiry.
- You will be informed if your request has been finalised.
No Further Stay condition if waived
If the No Further Stay condition is waived, you can apply for another visa without having to leave Australia.
Granting of another visa is not assured, as this depends on whether you meet the legal requirements for that visa.
No Further Stay condition if not waived
If the No Further Stay condition is not waived, you will not be able to apply for another substantive visa (except limited specified visas)
Decision to approve or refuse a waiver is final. The decision can’t be reviewed by the Administrative Appeals Tribunal.
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We can also help you with the preparation of response letter to the cancellation notices that you may have received. In some instances, we could convince the department not to cancel the applicant’s visa, which saved them from lengthy merit review process.
For instance, your current bridging visa does not allow you to study, work or travel outside Australia. We can assist you by preparing the application along with our submission to convince the case officer to grant you the desired rights of studying, working or travelling.
Other waiver requests may include wavier for schedule 3, health criteria, character criteria or public interest criteria (PIC 4020) etc.