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.
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?
Unlikely, but there is no guarantee.
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!
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.
how did it end Sam? I am curious as my situation is similier to yours.
Hi maam i have got 8503 condition no further stay in tourist visa granted with my husband and my two babies please help us to how to waiver the condition
Hi Sujita, may we ask when is your visa expiring? We’d love to assist you and help find a solution to your query. Please give us a call at 07 3063 1200 or book a Visa Consultation here: https://www.freedommigration.com/how-to-book-a-visa-planning-session/
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?
Hi Farheen, this is very tricky, please give our office a call 07 3063 1200 and we will be able to help you.
Is it possible to get the ‘no further stay clause waived if we wish to apply for an ‘aged parent contributary visa.?
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.
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.
Hi Mojtaba, are you planning on lodging a partner visa while you are on your subclass 408 Visa?
yes. I am going to lodge visa for my wife
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.
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.
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
anyone??
Hi Singh, do you have a question?
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?
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
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
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?
Hi! Are they likely to impose a 8503 condition for a child applying for subclass 600? My husband and I are both permanent residents and I gave birth in my home country. I’m planning to apply a subclass 802 for the baby when we get there.
Hi Ina, good question and congratulations on your baby, what is your home country where your child was born?
Hi! I am applying for a Work and Holiday visa from Argentina, I am already 30 years old. I would like to know if it will be mandatory that they apply the 8503 condition. I am a Psychologist in my country and I am wondering if I can apply for a Skill visa after the W&H. Thank you!
Hi Andy, do you have a partner in Australia? Are you planning on applying for a Partner Visa?
My wife was granted a subclass 600 Visa with no 8503 attached. Is it automatically attached anyway? I just want to know if she can apply for a visa onshore. She is from Thailand.
Hi Mark, If there is an 8503 condition it will be on the visa grant letter, you can send it to us to check also.
Hi Emma, I am planning to apply for a parent visa (subclass 103) so that my parents can be in the queue, which I understand is long but is all I can afford for now.
My parents (ages 68 and 69yo) have a visitors visa subclass 600 (3 years multiple entry, 3 months stay per visit), but has a ‘no further condition’ (8503) in their tourist visa. I have met the requirements in applying for parent visa and my questions are:
-Would I still be able to lodge an application subclass 103? (they are currently offshore) if there is a condition 8503 in their tourist visa?
– would they be able to still come to visit me using their visa subclass 600 which is still current or applying for a subclass 103 invalidates the tourist visa?
– if I am able to apply for a subclass 103, and given the waiting period, would they still be able to apply for a tourist visa even if there is an application lodged for subclass 103?
– in the Form 47PA, it does say persons will be prevented from applying while they are in Australia if they have a ‘No further stay’ condition attached to the visa that they hold at time of application –> what does time of application mean? does it mean that when I lodge the application they should be offshore, but can still visit once the application has been lodged by using their tourist visa (until it expires)?
appreciate the insights.
thank you,
Mel
Hi Mel,
This can get very complicated and not something I can address in a comment reply. If you give our office a call on 07 3063 1200 we can put in touch with an agent who can help you.
Hi! is there a possibility of 8503 condition waiver approved for a husband and child to apply for partner visa/child visa while in australia on a family sponsored tourist visa?
Hey Marjorie, an 8503 condition is very complicated and I would suggest you get advice, feel free to give us a call on 07 3063 1200 and we will do our best to help.
Hi, A friend of mine, INDONESIAN, has been granted a visitor visa (600) – single entry and with condition no further stay (8503). She wishes to study here without going back to Indonesia – apply her student visa on shore here in Australia. Could she do this ? Or should she goes back to Indonesia then apply in Indonesia? Pls advise and thanks
Hi Lily,
Thanks for your question, unfortunately we do not work on student visa cases, only partner visas. If you like I can refer you to someone who will be able to answer your question.
Hi there
Is it true that 8503 condition cannot be imposed on ETA visitor visa?
If it can be imposed, how can it be avoided if you are looking to apply for a bridging de facto partner visa within the country?
Hi KDDC, 8503 (no further stay conditions) are a little bit complicated, it is best you give us a call so can get more detail on your situation, please give our office a call on 07 3063 1200.
Hi,
My Mother came to Australia in August 2019 on a sponsored parent visitor visa 600 which is granted for 18 months for a maximum stay of 12 months in 18 months and has a condition 8503 ” No Further Stay” on her visa.
She is planning to return back in August 2020 after 1 year of her stay in Australia, so in that scenario can she can apply for another Parent Visitor Visa 600 from offshore after her 12 months of stay in Australia or
Do she have to wait for 18 months to apply another Visitor 600 visa?
Hi Harash, give us a call and we can help with your mother’s visa.
I am on visa 600 with a no further stay condition I came to Aus on 28 May 2019 with 12 month stay in 18 months my stay in Aus ends on 28 May 2020 be cause of global restrictions and covid 19 I am unable to leave Australia more over my doctor has advised me against flying because of health issues I have been advices to go for ct scans x Ray ultra sound blood tests which I have completed can I apply for a waiver I am anxious and having sleepless nights because of this please help
Hey Josephine, I’m sorry about your current situation, we will need more information so we can help you with your application. Please call our office at 07 3063 1200.
Hi, I have get s57 letter by email of immigration that my partner withdraw sponsorship from partner visa309 it’s already temporary visa 309 grant and I submit 100 visa application as well. I am outside of Australia. I did respond to immigration all my story of 4 years relationship they still not reply me. Is 16 days now. Please help me what gone happened next?
Hi Waqas, we’d like to assist you. However, due to the complexity of your case, we think it’s best to discuss this in private. Please give our office a call at 07 3063 1200
You can also directly book a session with our Registered Migration Agent https://www.freedommigration.com/how-to-book-a-visa-planning-session/
My phone number is 0410060825
I am an Australian citizen and my partner is a US citizen. If he applies for they visitor visa (600) to visit me in Australia, would the be any issues if he then applies for a partner visa while in the country (assuming there isn’t a ‘no further stay’ condition)? If he mentions he’s visiting me when applying for the visitor visa, how likely is it that he will get the ‘no further stay’ condition?
Hi Cee, this is a matter we feel best discussed in private due to the complexity of your case. Kindly give our office a call at 07 3063 1200
You can also directly book a session with our Registered Migration Agent https://www.freedommigration.com/how-to-book-a-visa-planning-session/
My partner sponsored by his x girlfriend but before he get the visa he break up with her n suddenly he got the visa and he wants to marry me and settle in Australia but his x girlfriend threaten him to cancel his visa so what’s the best option to do. Thanks sney
Hi Sney, this is a matter best discussed in private. If you haven’t met with a Registered Migration Agent yet, please give us a call at 07 3063 1200 or book a Visa Consultation here https://www.freedommigration.com/how-to-book-a-visa-planning-session/
I am on 482 and we applied for the extension without including new born baby.Department asked me to apply 050 as baby does not have any valid visa. I applied for 050(BVE) and got the approval. Just want to check on is it still possible to include child in 482 or any option
Hi Srinivasa, this sounds like a complex matter which is best discussed in private. Kindly give us a call at 07 3063 1200.
You can also directly book a session with our Registered Migration Agent https://www.freedommigration.com/how-to-book-a-visa-planning-session/
What i suppose to answer or write in this exceptional reason for extended stay if i don’t have plan to stay beyond 12 months? Thanks in advance for the answer
Hi Rim, may we ask what your visa are you currently holding at the moment?
I traveled Australia in 2019 sponsored visa with no further stay…. Now im in india thinking about tourist visa without sponsorship wht will i do or dnt …
Hi Bobby, you can apply for a visitor visa with or without a sponsor. However, best to consult with a Registered Migration Agent to increase your chances of success upon lodging your application.
To book a consultation, click the link here https://www.freedommigration.com/how-to-book-a-visa-planning-session/
Hi,
My wife applied for subclass 309, is it possible now to apply for a visit visa and continue the process in Australia?
If yes, are there any risks of being forced to leave the country.
Thanks
Hi Rami, this is a great question. We’d love to ask questions and know more about you and your partner to provide you with the best advice fit for your current situation.
Please give our office a call at 07 3063 1200 or book a Visa Consultation with our Registered Migration Agent via the link below
https://www.freedommigration.com/how-to-book-a-visa-planning-session/
Hi.
I need an advice regarding my one year old daughter waiver request refusal for her visa 600 with “no further stay condition”. Both her parents have pr 190 visa and came and settlers in Sydney since 16 March till date. We submitted her waiver based on the fact that at the time of submission we mention clearly that the reason for this visa application is to allow her to enter the country quickly with us so we can apply for her 802 visa, instead we got this condition on her visa. As the doha mentioned that it is not compelling so they cannot approve it.
Hi Amr, we specialise in Partner Visa applications but we may be able to refer you to a few Migration Agencies that can assist you. Please give our office a call at 07 3063 1200.
Hello!
I would like to travel to Australia next year feb. with a tourist visa 600 to then apply for an onshore Partner visa (my partner is australian and we are together almost 4 years). Now i am scared to get the -no further stay- condition so that i am not able to apply to the partner visa in australia anymore… Would a work contract in my home country germany be enough yo avoid that condition?
Hi Lena, this is a matter we think is best discussed in private due to the complexity of the answer to your question. Please give our office a call at 07 3063 1200 or directly book a Visa Consultation here: https://www.freedommigration.com/how-to-book-a-visa-planning-session/
Hello
I will like to visit my daughter in Australia next year, since family stream visa always have No Further Stay visa condition what type of visa can i apply for.
And i will be the one sponsoring myself also i have well paid business Back home.
Hi Ester, this is a matter we think is best discussed in private due to the complexity of your case. Please give us a call at 07 3063 1200 or book a Visa Consultation here: https://www.freedommigration.com/how-to-book-a-visa-planning-session/
My mom visa is 12 months but needs to exit every 3 months and she did that however her remaining months will be less than 2 month if she exit again Can she apply for extension until her visa ends so she doesnt need to exit and re enter for the remaining 2 months
thank you
Hi Ivy, this is a matter we think is best discussed in private as we will need more information regarding your mom’s visa. We highly encourage that you book a Visa Consultation with our Registered Migration Agent so we can provide you with advice on how you can move forward.
To book, click here https://www.freedommigration.com/how-to-book-a-visa-planning-session/
Hello, how about subclass 600 child visa with no further stay condition? Is it possible to waive?
Hi Tessie, this is a matter best discussed in private as we will also need more details regarding the visa 600 you lodged. Please book a visa consultation by clicking the link below or give us a call at 07 3063 1200.
https://www.freedommigration.com/how-to-book-a-visa-planning-session/