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!

  • 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?

  • Ina says:

    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.

    • Emma Drynan says:

      Hi Ina, good question and congratulations on your baby, what is your home country where your child was born?

  • Andy says:

    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!

  • Mark Williams says:

    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.

    • Emma Drynan says:

      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.

  • mel says:

    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

    • Emma Drynan says:

      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.

  • Marjorie says:

    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?

    • Emma Drynan says:

      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.

  • My name is Lily says:

    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

    • Emma Drynan says:

      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.

  • KDDC says:

    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?

    • Emma Drynan says:

      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.

  • Harsh Saini says:

    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?

  • Josephine says:

    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

    • Emma Drynan says:

      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.

  • Josephine says:

    My phone number is 0410060825

  • About the Author Emma Drynan MARN0960361

    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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