Take a close look at your visa grant letter to see if the visa grant subject to an 8503 condition. Is yours?
Look for these words on your visa label or in your visa grant letter: “No Further Stay”.
“No Further Stay” – So what?
The 8503 condition, if it applies, makes almost any visa application lodged while you are in Australia, invalid. This has the potential to cause you big problems. This is because there may be significant advantages for you if you were able to validly lodge a further application while in Australia.
Is an 8503 Condition able to be waived?
Yes! If your circumstances have changed since the visa grant, and there are compelling reasons why the 8503 prohibition should be lifted, then you should consider making an application for a waiver of condition 8503.
How is an application for a waiver made?
An application to consider that the 8503 ban against making further visa applications onshore can be made by letter (email) with detailed submissions. We make these submissions regularly. The key point is that your situation must have changed after the grant was made. Have the circumstances changed and were they unforeseen?
What are the chances of an 8503 waiver being exercised?
Slim at best, but this depends on your circumstances. We can discuss your particular case at our consult.
Can you appeal a decision not to exercise the waiver in your favour?
No. You don’t have any right to a merits review of this type of decision. Judicial review may be possible in very limited circumstances.
If you are serious about applying for a further visa while in Australia, and you feel you have compelling reasons for asking for the ban to be lifted in your case, let’s meet to discuss. Please contact me as early as possible as the application for the waiver must usually be made and decided before the normal expiry of any current visa.