Many people ask the question: ‘what is Condition 8503?’ Well, it is the ‘no further stay’ condition that you will very often see on your visa. Its effect is to prevent the visa holder from applying for another visa whilst they are still in Australia. So for example, if you are granted a Visitor visa which has Condition 8503 on it, and then you enter Australia on your visa, you will not be able to apply for another Visitor visa whilst you are in Australia to extend your time here, or be able to apply for a Partner visa in Australia. If you want to apply for another visa you will need to first depart Australia. It is possible to apply for a waiver of the Condition 8503 (see below), but the conditions necessary for a waiver are very restricted.
The Visa Grant Notice document that you are issued when your visa is granted will list all of the conditions attached to the visa. You are also able to check your current visa status, including any conditions attached to your visa, at the Department of Immigration’s (DOHA) Visa Entitlement Verification Online (VEVO). It is your responsibility as a visa holder to be aware of and understand the significance of all of the conditions attached to your visa. If you do not comply with a condition the consequences could be very serious, including having your visa cancelled.
Your visa may or may not have Condition 8503 attached to it. It will all depend on the type of visa that you have. For example: a Visitor visa – tourist stream (Subclass 600) may or may not have the condition attached; a Visitor visa – sponsored family stream (Subclass 600) must have the condition attached; the Electronic Travel Authority (ETA) (Subclass 601)cannot have the condition attached to it.
Where there is discretion to attach Condition 8503 to your visa or not, for example in the case of a Visitor visa – tourist stream, whether or not it will be attached will also depend on other factors like the geopolitical relationship of your country of passport with Australia, and of course your personal situation and how your application is prepared and set out. A strong application set out in the right way may avoid the attachment of the condition.
No, you cannot request that the Government not attach Condition 8503 to your visa.
As mentioned above, it is possible to have the Condition 8503 removed, or rather, waived. In order to do this you will need to make a formal application to have the condition waived. A waiver can only be granted in ‘compelling and compassionate circumstances’, and only if such circumstances have emerged since you were granted the visa, and over which you has no control, and these circumstances have resulted in a major change to your situation.
To request a waiver you will need to make an application and provide evidence documenting your claim that you do in fact meet the criteria for the grant of the waiver. It is vital that your request meets the standard, otherwise your request will be refused.
A waiver request usually takes a number of weeks to process and be decided. Please note that, if your request is not decided before your current visa expires, you will become an unlawful non-citizen and may be removed from Australia. This may also have consequences when applying for future visas. Considering this you may want to consider getting professional help to prepare and submit your application. So if you feel that you may be eligible for a waiver of condition 8503, or if you want to prepare a visa application to try to avoid the condition in the first place, please contact us at Australian Visa Advice (AVA)for more information at: firstname.lastname@example.org / australianvisaadvice.com
Written by Luke Gorham ©2020
Registered Migration Agent
Australian Visa Advice
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