Legal Blog

No Further Stay Waivers (Visa Conditions 8503, 8534 and 8535)

A ‘No Further Stay’ condition prevents visa holders from applying for many temporary and permanent visas while they are in Australia.

Conditions include 8503, 8534 and 8535.

If one of these conditions has been attached to your visa, you cannot apply for another visa (except a protection visa or a temporary visa of a specified kind, while you are in Australia).

If you don’t have the right to remain in Australia, you must leave.

Checking your visa

If you want to check whether a ‘No Further Stay’ condition is attached to your visa, you can look in your grant letter or check VEVO.

Requesting a waiver

You can ask the Department of Home Affairs to waive the condition if a major change in your situation occurs while you hold this visa.

This change must be out of your control – you could not have prevented or stopped it.

Examples of major changes that meet this criteria:

  • unable to travel due to a medical reason
  • death or serious illness within close family
  • natural disaster in home country
  • war or civil unrest in home country
  • your school cannot provide the course that you were approved for

Some changes that are major but not considered as reasons for waiver:

  • marriage or starting a de facto relationship with an Australian citizen or permanent resident
  • failing your course
  • pregnancy – unless your doctor has told you not to travel

Not knowing the condition was attached to your visa is not a reason for a waiver.

If you require assistance with a waiver request, contact us today.

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About the Author:

This post was authored by one of the Solicitors at ROCHE Legal. Should you have any questions, please contact our office.
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