Condition 8503 “No Further Stay”
Condition 8503 is a “no further stay” condition that if applied to your visa, does not permit you to be granted another substantive visa (unless it is a protection visa) whilst you are still in Australia. Any applications for another visa will be considered an invalid application.
The most common Visas types that have this condition imposed include the following:
Visitor visa – Subclass 600
Training & Research Visa – Subclass 402
Condition 8503 may apply to other temporary visas as well. It is always important to read and understand your visa grant notice. Breaching conditions on your visa may adversely affect your current visa status and/or future visa applications in Australia. Unless you have compassionate and compelling reasons to prolong your stay past the date of your visa expiry, you will need to leave Australia before you can make another visa application.
On the other hand If you have compassionate and compelling reasons, you will need to apply for a waiver to allow you stay in Australia. It is very important that you do not breach condition 8503. If you have become unlawful and your visa has ceased, condition 8503 will still apply and any further applications will still require you to request for a waiver.
8503 Waiver Application - Bridging Visa
A waiver request is not a visa application, and thus no bridging visa will be granted when you lodge for a waiver. It is vital that the request be made well before your substantive visa expires. It can take sometimes 2-3 months for the DIBP to respond so do plan well in advance. If your circumstances leave you in a position where you have to stay but do not have enough time to wait for an application to be processed, you should contact the Department of Immigration and Border Protection (DIBP) directly over the phone or by visiting your office. If you have applied but the DIBP has unfortunately not responded to you and your visa is expiring, you will need to likewise contact the DIBP quickly and directly. If the DIBP has not granted you a waiver and you are in Australia past your visa expiry date, you will become unlawful.
If you us the services of a Registered Migration Agent, they will apply for the waiver on your behalf and advise how you can stay lawful during the process.
Compassionate And Compelling Circumstances
When applying for an 8503 waiver, the circumstances that have arisen to justify a waiver must have occurred after the your current visa was granted and must not have been within the applicant’s control. Examples of what constitutes as compassionate and compelling circumstances to the DIBP include:
Unfit to travel
Death or serious illness in within close family
Natural disaster in the visa holder’s home country
War or severe civil unrest in the visa holder’s home country
There are other circumstances DIBP may take into consideration when considering an 8503 waiver; ask us for further advice on this.
Unfit To Travel
If you sustain serious injury, fall very ill or are pregnant at a stage where it is medically unsafe for you to fly abroad, you may be eligible for a waiver. It is worth noting is that pre-existing medical conditions can still be considered for a waiver, so long as there has been a significant change in circumstances (condition has deteriorated greatly).
Death Or Serious Illness Within Close Family
If a loved one in Australia has passed, is suffering serious illness, or is injured and you are required to stay for support, you may be eligible for a waiver to remain in Australia. Similarly, pre-existing medical conditions of loved ones can still be considered for a waiver, so long as there has been a significant change in circumstance (condition has deteriorated greatly since arriving in Australia).
Natural Disaster In Home Country
You would not be expected to return home if your country has suffered a natural disaster and your safety would be a concern.
War Or Severe Civil Unrest In Home Country
You would not be expected to return to your home country if it is in an unstable condition and your safety would be a concern
Australian Government Support
You may be eligible for a waiver if you are sponsored by the Commonwealth Government, an Australian State/Territory government or the government of a foreign country, but are applying for a temporary work visa to continue or commence their scholarship program (for example, a person undertaking studies on a Student visa followed by further training or work placements on a Training and Research visa (subclass 402) as part of their scholarship program), or the sponsoring government has provided written support for the waiver of your condition. Evidence provided to support your reasons should ideally be dated. In situations related to illness or death, official documentation should be used.
Circumstances Not Considered Beyond The Applicant’s Control
The following circumstances are not considered ‘beyond the control’ of the visa holder for the purposes of the waiver provisions:
Marriage to (or commencing a de facto partner relationship with) an Australian citizen or permanent resident
Pregnancy (women who become pregnant while in Australia would generally need to have evidence they are unable to leave Australia).
Don’t forget, the change in your circumstances must have occurred after the visa was grant or your waiver request will not be successful.
8503 Waiver - Appeals Process
There is no option to appeal a refused waiver application, however a judicial review of the refusal in the Federal Circuit Court may be an option.
If the visa holder still wishes to pursue a waiver, a following waiver request may be submitted but is likely to be refused unless their circumstances have significantly changed since the first request.