What is a “No Further Stay Condition” and how to deal with it?

In this blog on Visitor Visas, we give you the lowdown on the ‘8503 / No Further Stay’ condition by answering a series of commonly asked questions.

What is the 8503 condition on the Visitor Visa?

• This clause is listed in the conditions section of the Visitor Visa and is known as the ‘No Further Stay’ condition. The decision-maker (Department of Home Affairs) is dead serious about this order. It comes into effect when the visa end date is reached.

What does the attachment of the 8503 condition to my Visitor Visa mean for me or my partner?

• This means you / your partner can come to Australia with the 8503 condition attached to the Visitor Visa but you / your partner must leave Australia before the visa expires.

Why would the decision-maker attach this 8503 condition to my visa?

• The condition may be imposed if the Australian authorities are concerned about the real intention of the applicant to enter Australia as a visitor only.
  
  The ‘No Further Stay’ condition should only be used where there is genuine concern about the visa applicant’s plans to follow the rules and leave before the date of visa expiry.

Are there some Visa types where the 8503 condition is routinely enforced?

• This may depend on the type of visa/stream being applied for. With some Australian Visitor Visas, the 8503 condition is mandated so the visa can be granted. This means it MUST be applied to the visa.

Visitor Visa – Sponsored Family Stream – if the applicant applied under this visa stream, the 8503 condition will definitely be attached as there is no discretion available to the decision-maker not to impose it.

Are there some Visa types where the 8503 condition may not be routinely enforced?

• Visitor Visa – Tourism Stream – if the applicant applied for a Visitor Visa under the Tourism Stream, there is a chance the condition may not be attached to the visa granted. It is not compulsory for the decision maker to impose the 8503 condition on Visitor Visas applied for under the Tourism Stream.
• The final decision on whether to attach the 8503 condition to a Visitor Visa or not lies with the decision maker.

Can you give some examples of situations where the decision maker may decide to apply the 8503 condition to the Visitor Visa?

In our experience, these vary but may include circumstances where there are concerns that:

• The applicant may seek work in Australia
• There may be compelling reasons why the applicant would not want to permanently return to their own home country
• There are insufficient funds available for the duration of the visit
• Where there is a history of visa non-compliance
• The country of passport you hold may affect the likelihood of this be applied
• A temporary visa holder may not leave Australia before the expiry of their visa.

When can I apply for an extension of the Visitor Visa with an 8503 condition attached?

• You cannot apply for an extension of a Visitor Visa with an 8503 condition attached while you are inside Australia. You certainly cannot apply for a partner visa when you are inside Australia.

Can I ask Immigration NOT to impose the 8503 condition?

• If you ask Immigration NOT to enforce the 8503 condition they are more than likely to impose it or refuse the visa. Our advice to you is to prepare a well-documented Visitor Visa application which includes plenty of relevant evidence, and then hope for the best.
  
  In exceptional circumstances which are way beyond the control of the visa holder, the ‘No Further Stay’ condition may be waived after arrival; we repeat and reiterate this ONLY happens in exceptional circumstances.

What is a No Further Stay Waiver?

• The No Further Stay Waiver helps a visa holder from applying for many temporary and permanent visas while they are in Australia.

No Further Stay During the COVID-19 Pandemic?

• If you are in Australia during this period, we suggest you take legal advice and consult a Registered Migration Agent to help you with your current visa situation. For more information regarding the partner visa and the pandemic situation, please visit our Cornavirus/COVID-19 updates page.

We strongly advise you to seek further advice from a Registered Migration Agent or the Department of Immigration if you need to request a waiver.

We hope this helps. We welcome your feedback and will respond to any queries you may have. Please contact FREEDOM MIGRATION on +61 7 3063 1200 with any of your Visa Questions.

We love getting your feedback so feel free to comment below. We read all your remarks and will reply if we can answer any questions. We may even use your comments to form the next blog topic!

IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.