Get 8503 “No Further Stay” Condition Help Here.
The three most important questions you must know the answers to are:
This post is about the legal requirements, policies, and procedures for visa conditions that prohibit further applications. It provides information on the “no further application” conditions, their effects, and the process for requesting a waiver of these conditions. It also covers the circumstances that may warrant a waiver and the criteria for granting a waiver. The post includes guidelines given to delegates handling waiver requests and provides examples of circumstances that may or may not meet the requirements for a waiver.
The specific circumstances that would warrant a waiver of the “no further application” condition are those that have developed since the person was granted the visa and are both compelling and compassionate. The waiver request must demonstrate a change in the person’s circumstances since the visa was granted, and these circumstances should be compelling and evoke compassion. It is important to note that if the circumstances existed before the visa was granted, the “change in circumstances” requirement cannot be met, and the request for a waiver must be refused.
1. Severe medical conditions: If the visa holder develops a serious medical condition after the visa was granted, which requires ongoing treatment or specialized care that is not available in their home country, it could be considered compelling and compassionate.
2. Family separation: If the visa holder’s immediate family members, such as spouse, children, or parents, are residing in Australia and they face significant hardship or suffering due to the visa holder’s inability to apply for a further visa, it could be considered compelling and compassionate.
3. Humanitarian reasons: If the visa holder is facing persecution, violence, or other forms of harm in their home country, and granting a waiver would provide them with protection and safety, it could be considered compelling and compassionate.
4. Unforeseen financial hardship: If the visa holder experiences a sudden and significant financial crisis, such as loss of employment or a natural disaster, which prevents them from meeting the financial requirements for a further visa application, it could be considered compelling and compassionate.
5. Personal or family tragedy: If the visa holder or their immediate family members experience a traumatic event, such as the death of a loved one or a serious accident, which has a profound impact on their emotional well-being and ability to comply with the “no further application” condition, it could be considered compelling and compassionate.
Each waiver request is assessed on its own merits, and the specific circumstances of the visa holder will be taken into consideration when determining whether they meet the compelling and compassionate criteria for a waiver.
Delegates must consider procedural fairness when assessing these requests. Before assessing a waiver request, the delegate must examine any previous waiver requests made by the visa holder, whether they have been finalized or are still under consideration.
If a visa holder has previously been refused a waiver, they cannot have the condition waived unless the circumstances presented in the current request are substantially different from those considered in the previous request(s). Each waiver request must be considered and decided on its own merits, even if it appears to be a duplicate request.
The decision to waive the condition is taken based on the person’s circumstances and the legislation in effect at the time of the waiver request. If the waiver request is withdrawn, it is documented as withdrawn in departmental systems. If a person leaves Australia without withdrawing their waiver request, the request does not need to be considered. Waiving the “no further application” condition does not imply visa eligibility, and the condition can be re-imposed on a subsequent visa.
Waiving the condition also does not affect other application bars, such as section 48 application bar. The waiver decision is generally not reviewable once made by a delegate.
The waiver request must be made in writing, and there is no requirement for a visa holder to request a waiver, as a delegate can find that circumstances for waiver exist and waive the condition.
These procedures apply to all cases where a prescribed condition has been imposed on a visa, regardless of the wording or location of the condition in the regulations. The only legislative requirement for making a waiver request is that it must be in writing.
No, a lawfully made waiver decision cannot be revisited or appealed once it has been made by a delegate. The decision is considered final and is not subject to merits review under section 338. However, if the visa holder may wish to challenge the decision based on a possible jurisdictional error.
A jurisdictional error refers to an error made by the delegate in applying the relevant laws or regulations governing the waiver decision. It occurs when the delegate exceeds their authority or fails to properly consider the relevant legal requirements. Examples of jurisdictional errors may include misinterpreting the law, ignoring relevant evidence, or failing to provide procedural fairness to the visa holder. If a visa holder believes that a jurisdictional error has occurred in their waiver request, they can raise this concern and request a reconsideration of the decision.
To demonstrate a change in circumstances since the visa was granted in order to request a waiver, one must provide evidence of the relevant circumstances at the time the visa was granted and compare them to the current circumstances. The reasons for imposing the “no further application” condition, if it was discretionary, should also be considered. If the circumstances that form the basis of the waiver request existed before the visa was granted, the requirement for a change in circumstances cannot be met, and the request will be refused. However, if the existing circumstances have deteriorated or escalated significantly since the visa was granted, it can be considered as a change in circumstances.
The waiver process for the “no further application” condition requires visa holders to submit a written request explaining their circumstances. There is no prescribed form for making a waiver request, so any written request must be accepted. Additionally, supporting documents should be provided along with the waiver request. There is no charge or fee associated with a “no further application” waiver request.
Regarding specific forms or documentation required, visa holders can make the waiver request online through the Department’s website or by completing Form 1447 (No further stay waiver request). However, it is important to note that there is no prescribed form for making a waiver request, so any written request will be accepted.
In summary, the waiver process for the “no further application” condition involves visa holders submitting a written request, along with supporting documents, to explain their circumstances. There are no specific forms required, but visa holders can use Form 1447 or make the request online.
The supporting documents that should be provided along with the waiver request for the “no further application” condition are not specified, so it is advisable to include any relevant documents that can substantiate the applicant’s circumstances and claims. These documents could include personal statements, medical records, financial documents, employment records, or any other evidence that supports the applicant’s case for waiving the “no further application” condition.
It is common practice to include a personal statement as part of the supporting documents for a waiver request. A personal statement typically explains the individual’s circumstances, reasons for requesting the waiver, and any relevant supporting information. The personal statement should be detailed, honest, and provide a clear explanation of why the waiver should be granted.
Some key elements that should be included in a personal statement for a waiver request are:
1. Explanation of the circumstances: Clearly describe the circumstances that led to the failure to complete a course or the imposition of a condition on the visa.
2. Demonstration of extenuating circumstances: If the failure to complete a course was due to accident, serious illness, or hospitalization, provide detailed information about the incident and how it was beyond your control.
3. Previous waiver requests: If there have been previous waiver requests, explain how the current circumstances are substantially different from those considered in the previous requests.
4. Procedural fairness: Emphasize that the waiver request should be assessed with procedural fairness, ensuring that all requirements of subregulation 2.05(4) are met.
5. Personal impact: Explain the personal impact of the condition or failure to complete the course, highlighting any negative consequences it may have on your academic or professional goals.
6. Future plans: Outline your future plans and how the waiver of the condition or successful completion of the course will contribute to your goals.
7. Request for waiver: Clearly state that you are requesting a waiver of the condition or a favorable decision on the completion of the course.
It is important to note that these elements may vary depending on the specific requirements of the waiver request.
Previous waiver requests should be addressed in the personal statement by presenting substantially different circumstances from those considered in the previous request(s). The delegate assessing the waiver request must examine any previous waiver requests that have been finalized or are still under consideration. If the circumstances presented in the current request are not substantially different from those considered in the previous request(s), the further waiver request must be refused. Therefore, it is important to clearly outline the new and unique circumstances that justify the need for a waiver in the personal statement.
When addressing previous waiver requests that are still under consideration in a personal statement, it is important to demonstrate that the circumstances presented in the current request are substantially different from those considered in the previous requests. The delegate assessing the waiver request must examine any previous waiver requests that have been lodged by the visa holder and are still pending. The delegate cannot decide not to consider claims made in a waiver request on the basis that those claims have been considered in another context, such as a protection visa application that was refused. Each waiver request should be considered and decided on its own merits. Therefore, in the personal statement, one should clearly highlight the new and unique circumstances that have arisen since the previous requests, emphasizing how these circumstances differ significantly from the ones previously considered.
Some waiver provisions that may apply to certain applications include:
1. Subregulation 2.05(4AA) waivers: This provision allows for the waiver of condition 8503 without having to meet the provisions in regulation 2.05(4). It applies to cases where the visa holder genuinely intends to apply for a General Skilled Migration visa or certain Temporary or Provisional work visas.
2. Subregulation 2.05(4AB) waivers: This provision allows for the waiver of condition 8503 for visa holders who hold or have held a safe haven enterprise visa and meet the requirements of subregulation 2.06AAB(2).
3. Subregulation 2.05(5A) waivers: This provision allows for the waiver of condition 8534 without having to meet the provisions in subregulation 2.05(4). It applies to cases where the visa holder has completed their course of study and has a genuine intention to apply for a General Skilled Migration visa or certain Temporary or Provisional work visas.
These are some of the waiver provisions that may apply to certain applications.
Subregulation 2.05(4AA) provides additional circumstances in which condition 8503 may be waived without the visa holder having to meet the provisions in regulation 2.05(4). Specifically, this subregulation allows for the waiver of condition 8503 if the visa holder genuinely intends to apply for a General Skilled Migration visa or certain Temporary or Provisional work visas. However, it’s important to note that Regulation 2.07AG operates to limit the visas for which a valid application can be made.
Regulation 2.07AG limits the visas for which a valid application can be made under Subregulation 2.05(4AA). This means that if a visa holder wants to apply for a General Skilled Migration visa or certain Temporary or Provisional work visas, they must meet the conditions specified in Subregulation 2.05(4AA) in order to have condition 8503 waived. However, Regulation 2.07AG further restricts the types of visas for which a valid application can be made, even if condition 8503 is waived. It specifies that only certain visas, such as a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, can be applied for after the waiver of condition 8503. Other substantive visas, such as a Partner visa, cannot be applied for in this case.
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I came Australia in November'23 with subclass 600 family stream and my visa is holding the 8503 conditions. Right now my wife conceived and It's mandatory for me to stay with her. Do you have any pathway?
The waive NFS is not reviewable in AAP, how about in FMCA:
Massy v Minister for Immigration & Anor [2008] FMCA 63 (24 January 2008) (austlii.edu.au)
Enquiry about the wavering of my no further stay condition.
Thank you for your patience.
Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).
1. You need to make a new application for a waiver well ahead of the date of Visa expiry, so that Immigration case offices can have an opportunity to properly consider your submissions.
2. There is no appeal available to you if the case officer decides not to grant you, the waiver, which means that you will most likely become unlawful after your Visa expiry.
3. A lot of clients do not realise that not all Visa classes are prohibited by the no further stay condition. For example, if your circumstances are such that you are seeking Australia's protection obligations, then it is possible to make an application validly for a Subclass 866 Protection Visa even though you have an 8503 No further stay condition attach to your current Visa.
Bonus point: You will only be successful if they are able to satisfactorily demonstrate that your circumstances have significantly changed, since arriving in Australia, and the factors causing your circumstances to change were outside of your control.
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
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Hi My parents already applied waiver 8503 online via immigration website. It has been 1 month now we have not got any response yet. Will we have response from immigration still before the visa expires? By the way we applied online for this waiver not from 1447 form. Will this going to be a problem? Thank you.
I came Australia subclass 600 family stream 8503 how can I change this
Hello, I need to ask that my mom has got single entry no further stay visa condition. still got 5 montns to expire this visa but I want to apply for another long visa so how long do we need to wait to apply for another visa after leaving Australia.
hi sir
I am living in Australia with my husband and children. My visa is Temparory Activity 408 sports visa but No further stay condition is on it.I want to know can i wave this condition,
Thank You
Hi Sir,
I have already submitted a waive off request to waive 8503 condition from my in-laws visa. The major reason i mentioned is my wife is only child to my in-laws.
Can i heard a positive response from them?
If not, will you be able to help me to re-submit a waive off application with better reasons? My mother in-law had a heart related diagnostics and on medication now. Can we compose the application with this reason next time?
Thanks
Venkat
Hi there,
Does a ETA Visa Subclass 601 have a 8503 condition attached it?
When does a 820 Temporary Partner Visa come into effect if you hold a an ETA 601? It is 12 months from the date of the ETA being granted?
Thanks