The contents of this article are correct as at 8 December 2009
Visa conditions 8503, 8534 and 8535 are referred to as “no further stay” conditions.
No further stay conditions are usually found on short term temporary (eg visitor) visas.
A “no further stay” condition attached to a visa prevents the visa holder from applying for or being granted a substantive visa (except a protection visa) while they are in Australia.
The condition continues to exist even if the visa with the condition has expired.
In many cases the no further stay condition has the effect that the visa holder will need to depart Australia and lodge a visa application offshore.
In certain cases, it is possible to apply to the Minister to have the no further stay condition removed or waived. Once removed the visa holder may be able to apply for a further visa in Australia.
The Minister may waive the “no further stay” condition if the applicant can
- Show compelling and compassionate circumstances have developed since they were granted the visa; and
- They had no control over these; and
- These have resulted in a major change to the applicant’s circumstances
In this context, ‘compelling circumstances’ are normally circumstances that are involuntary and “characterised by necessity” such that the applicant is faced with a situation in which there is little or no alternative but to seek to extend their stay in Australia.
Each case will depend on its own circumstances.
It is important to keep in mind that there is no bridging visa attached to a waiver request. That is, any request for a waiver needs to be made while the visa holder has a current visa, otherwise they may become unlawful.
Finally a waiver request must be accompanied by supporting documentation and submissions, addressing the legal criteria for a waiver. The decision is final and is not “merits-reviewable” in a Tribunal or Court.
If you have questions concerning no further stay conditions, please click this link to contact Visa Lawyers Australia.