‘No Further Stay’ Conditions: Waiving Condition 8503

‘No Further Stay’ Conditions: Waiving Condition 8503

Some visas have certain conditions imposed on them, one of which can be a ‘No Further Stay’ condition (Condition 8503). This condition prevents you from applying for many temporary and permanent visas while you are in Australia.

 

How to Request a Waiver

You can request a waiver in 2 ways:

  1. Completing Form 1447 ‘No Further Stay’Waiver Request; or
  2. By lodging a written request

 

You can send your Form 1447 or written request, and all supporting documents, via email or post (to the addresses listed below). However, it should be noted that email will ensure that your request can be processed in a timely manner.

 

Email:               

NoFurtherStayWaiverRequest@border​.gov.au.

 

Post:                

Department of Immigration and Border Protection

Brisbane No Further Stay Waiver Request Processing Centre

GPO Box 9984

Brisbane Qld 4001

 

Considerations

In deciding whether to grant a waiver, the minister or a departmental officer considering your request will contemplate whether you have been subject to compelling and compassionate circumstancessince being granted the visa.

 

It is necessary that this has resulted in a major change to your circumstances, and they must be circumstances over which you had no control and the circumstances must have come to exist after visa grant.

 

The following circumstances are NOT considered to be out of your control:

  • If you marry an Australian citizen or permanent resident
  • If you are pregnant
    • However, an exception to this rule is if you fell pregnant in Australia and can provide evidence that you are unable to leave the country
  • If you fail to complete a course because you failed a subject

 

Additionally, if the Minister has previously refused to waive the condition, he or she must be satisfied that your circumstances have substantially changed since the time your request was rejected.

 

What Happens Next?

If the condition is waived

If Condition 8503 is waived, you can then apply for another visa without having to leave the country. You should note, however, that the success of your request does not guarantee that your new visa application will be successful.

 

If Condition 8503 is not waived, you will not be able to apply for another substantive visa while you are in Australia. There are still a few tricks we have up our sleeve though so if you are concerned about your 8503 call us and we can make a plan.

Add Your Comment

Signup for our newsletter to receive access to our free visa assessment