If, since last entering Australia, you have held a visa that has a “no further stay” condition imposed on it then you are not able to make an application for a substantive visa other than a protection visa.
This applies even if the visa which had the condition is no longer in effect.
When can condition 8503 be imposed?
Where permitted by law, the condition either must be or cannot be imposed depending on the specific visa. For other visas, the Department of Immigration has discretion to decide whether or not to impose it.
You will know if the condition applies to you if the number ‘8503’ appears on your visa label or visa grant letter. The condition will continue to apply unless it is waived or until you leave Australia.
Circumstance in which a condition 8503 can be waived
Condition 8503 can be waived in some circumstances.
You will need to show that since the time you were granted the visa that was subject to the condition, compelling and compassionate circumstances have developed which:
- You had no control; and
- Resulted in a major change in your circumstances
Compelling and compassionate circumstances which the Department of Immigration might consider can include:
- Unfitness to travel
- Death or serious illness of a close family member
- Natural disaster in home country
- War or severe civil unrest in home country
Circumstances which will generally not be considered sufficient for a waiver include:
- Being married to or in a de-facto relationship with an Australian citizen
- Pregnancy (complications in child birth or pregnancy may be considered)
- Deterioration of an existing illness or medical condition
- Elective surgery
If you have previously made requests for a waiver of condition 8503 which were unsuccessful, you must show that your circumstances for a new request are substantially different from those previously considered.
It is important to note that if you are granted a waiver this does not necessarily mean that you will be able to apply for and be granted another visa.
It is recommended that you seek legal advice to make sure that there are no other barriers to your ability to apply for and be granted another visa. If you are unlawful when you make the request for a waiver, you should apply for a bridging visa to avoid the risk of being detained.
Ethos Migration Lawyers are experienced in these matters and can provide up-to-date advice which is specific to your individual circumstances.
Requesting a waiver of Condition 8503 – No Further Stay
Requests must be made in writing, and you should include as much evidence as possible.
You can complete a Form 1447 and attach a letter which provides a comprehensive explanation of your circumstances and why they meet the requirements for a waiver.
If your request for an 8503 Waiver is refused
If your request for a waiver is refused, you should seek legal advice about the prospect of seeking judicial review.
Ethos Migration Lawyers can assist to represent you in a Judicial Review if you believe the decision you have received has been infected by jurisdictional error.
Please note that strict time limitations apply and therefore seeking advice immediately is recommended.
Our team of Immigration Lawyers will work with counsel (barristers) to assess the merits of your case and provide you with accurate, transparent and easy to understand advice on your options moving forward.
Frequently Asked Questions
You should include as much evidence as possible. Depending on the nature of your request evidence may include (but is not limited to) documents such as medical certificates/letters from doctors, hospital or medical bills and police reports.
A substantive visa is any visa other than a bridging visa, a criminal justice visa or an enforcement visa.
Being married or in a de-facto relationship with an Australian citizen or pregnant will not generally be considered sufficient circumstances by the Department to obtain a waiver as they are not considered to be beyond your control (complications in child birth or pregnancy may be).