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 Immigration) 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:

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  • 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.

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!

  • sharnielle says:

    Hi there! Just a quick questions – is it likely that an 8503 will be marked on a working holiday visa for someone coming from america?

  • sam says:

    Hi, I’m a little confused. I am from the UK and met my partner just as my working holiday visa was ending. We have been living apart for over a year now but I want to apply for the partner visa in Australia. In one video you say to be honest on your visitor visa about why you are visiting (seeing my boyfriend) but in another video on the ‘no further stay’ condition, you say they might implement the no stay on your visitor visa? Surely if they know you are visiting your boyfriend then they will put this no further stay as they might see it as you wanting to stay, especially if I buy a one way ticket, etc. But how do you apply for a partner visa onshore otherwise, seeing as I need a visa to get in the country! Any help appreciated!

    • Avelyn Chen says:

      Hi Sam, I think you spoke with our team today, if that was not you let me know and we can give you a call to discuss this further.

    • emily says:

      how did it end Sam? I am curious as my situation is similier to yours.

  • Farheen says:

    i have a refusal of student visa…now i am planning to go in visit and convert it into student…what are the chances if 8503?

    • Avelyn Chen says:

      Hi Farheen, this is very tricky, please give our office a call 07 3063 1200 and we will be able to help you.

  • dilip says:

    Is it possible to get the ‘no further stay clause waived if we wish to apply for an ‘aged parent contributary visa.?

    • Avelyn Chen says:

      Getting an 8503 condition waved is very difficult. Please call our office on 07 3063 1200 so we can find out more about the case and we can see if we can help.

  • Mojtaba says:

    I would like to inquire whether ‘no further stay’ condition will be imposed on the 408 visa or not.
    I have gotten a postdoc position with 408 visa.

    • Avelyn Chen says:

      Hi Mojtaba, are you planning on lodging a partner visa while you are on your subclass 408 Visa?

      • Mojtaba says:

        yes. I am going to lodge visa for my wife

      • Mojtaba says:

        In fact, I have two options for visa. Subclass 408 and subclass 482. Because the cost of subclass 482 would be about $5000 for me and my wife I prefer to choose the 408 visa. I am wondering if I choose the 408 visa, can I apply for another visa later or not.

        • Avelyn Chen says:

          These are very different visa options and will have an affect on your long term visa prospects. I think you should book in for a visa planning session with our team so we can show you what your options are and what you should do next.

  • Singh says:

    If my wife apply for a Visitor Visa and get a 12 months visa with “No further stay” condition, can she then apply for off-shore partner visa (before coming to Aus) without affecting the visitor visa? My thinking is, this way she can come to Aus for 12 months, then leave, then come back again when partner visa is approve. Please confirm

  • D.S. Jaya says:

    Hi I am currenly on 485 visa and it expires on May. My husband had a work injury and now on work cover and we are thinking to apply for Medical treatment visa to stay further for his treatments. We will be to applying for permanent residency end of this year (if I get my invitation) under 189 Skilled migration and bit concerned about the “No further stay” condition on the medical treatment visa if it imposed. What can you advise please?

    • Avelyn Chen says:

      This is a very complicated situation so really cannot give advice over a message. Please give our office a call on 07 3063 1200 and we can get more details

  • Rochell says:

    Hi am currently in Australia under subclass 600 visa. With my 3months old daughter which is Australian citizen by decent.My husband sponsored me. Am also waiting for my spouse visa to approve. It’s been 9months now since we apply. Now my husband is having cancer treatment chemotherapy and radiotherapy can I apply for extension?can I wait for my spouse to approve in Australia? Please help thanks

    • Avelyn Chen says:

      Hi Rochell, sorry to hear about your current circumstances, it must be very stressful. Is there a reason why you cannot apply for another subclass 600?

  • About the Author Emma Drynan

    I am the founder and principal migration agent at Freedom Migration. I am extremely passionate about uniting partners and families with their loved ones overseas. It might be because I’m the product of a partner visa family.

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