Conditions 8503 and 8558

Condition 8503 “No Further Stay”

Condition 8503 is a “no further stay” condition that if applied to your visa, does not allow for you to be granted another substantive visa (unless it is a protection visa) whilst you are still in Australia. Any applications for another visa will be considered an invalid application.

Visas that have this condition include:

  • Visitor visa – approved destination stream (subclass 600)
  • Visitor visa – sponsored family stream (subclass 600)
  • Training and research visa – professional development stream (subclass 402)

 

Condition 8503 may apply to other temporary visas as well. It is always important to always read your visa grant notice letter through thoroughly. Breaching conditions on your visa can very adversely affect your current visa status and/or future visa applications. Unless you have compassionate and compelling reasons to prolong your stay past the date of your visa expiry, you will need to leave Australia before you can make another visa application. If you have compassionate and compelling reasons, you will need to apply for a waiver. It is very important that you do not breach condition 8503. If you have become unlawful and your visa has ceased, condition 8503 will still apply and any further applications will still require you to request for a waiver.

A waiver request is not a visa application, and thus no bridging visa will be granted when you lodge for a waiver. It is vital that the request be made well before your substantive visa expires. It can take sometimes 2-3 months for the DIBP to respond so do plan well in advance.  If your circumstances leave you in a position where you have to stay but do not have enough time to wait for an application to be processed, you should contact the Department of Immigration and Border Protection (DIBP) directly over the phone or by visiting your office. If you have applied but the DIBP has unfortunately not responded to you and your visa is expiring, you will need to likewise contact the DIBP quickly and directly. If the DIBP has not granted you a waiver and you are in Australia past your visa expiry date, you will become unlawful.

 

Compassionate and compelling circumstances

If you applying for a waiver for condition 8503, the circumstances that have arisen to justify a waiver must have occurred after the visa was granted and must not have been within the applicant’s control. Examples of what constitutes as compassionate and compelling circumstances to the DIBP include (not exhaustive):

  • Unfit to travel
  • Death or serious illness in within close family
  • Natural disaster in the visa holder’s home country
  • War or severe civil unrest in the visa holder’s home country

 

Unfit to travel

If you sustain serious injury, fall very ill or are pregnant at a stage where it is medically unsafe for you to fly, you may be eligible for a waiver. It is worth noting is that pre-existing medical conditions can still be considered for a waiver, so long as there has been a significant change in circumstances (condition has deteriorated greatly)

 

Death or serious illness within close family

If a loved one in Australia has passed, is suffering serious illness, or is injured and you are required to stay for support, you may be eligible for a waiver to remain in Australia. Similarly, pre-existing medical conditions of loved ones can still be considered for a waiver, so long as there has been a significant change in circumstance (condition has deteriorated greatly)  Natural disaster in home country You would not be expected to return home if your country has suffered a natural disaster and your safety would be a concern

 

War or severe civil unrest in home country

You would not be expected to return to your home country if it is in an unstable condition and your safety would be a concern  Government support You may be eligible for a waiver if you are sponsored by the Commonwealth Government, an Australian State/Territory government or the government of a foreign country, but are applying for a temporary work visa to continue or commence their scholarship program (for example, a person undertaking studies on a Student visa followed by further training or work placements on a Training and Research visa (subclass 402) as part of their scholarship program), or the sponsoring government has provided written support for the waiver of your condition. Evidence provided to support your reasons should ideally be dated. In situations related to illness or death, official documentation should be used.

 

Circumstances not considered beyond the applicant’s control 

The following circumstances are not considered ‘beyond the control’ of the visa holder for the purposes of the waiver provisions:

  • marriage to (or commencing a de facto partner relationship with) an Australian citizen or permanent resident
  • pregnancy (women who become pregnant while in Australia would generally need to have evidence they are unable to leave Australia).

Don’t forget, the change in your circumstances must have occurred after the visa was grant or your waiver request will not be successful.

There is no option to appeal a refused waiver application. If the visa holder still wishes to pursue a waiver, a following waiver request may be submitted but is likely to be refused unless their circumstances have significantly changed since the first request.


 

Condition 8558 “Not Resident” 

Parents may be sponsored by a child that is an Australian citizen of parent resident under the sponsored family stream visitor visa. Depending on the circumstances, such as if the parent has already applied for a parent visa and are waiting for a decision from the DIBP, the visa validity and period of each length of stay may vary.

Generally the usual period of stay is 3 months, but requests for a long stay may be requested. Applicants who have applied for parent visas are in the parent migration queue may be granted visas that allow multiple entries over up to 5 years, with a maximum of a 12 month stay per entry, and other their parents may be granted visas for multiple entry for up to 3 years, with a maximum of a 12 month stay per entry.

Condition 8558 applies to these visas and allow the visa holder to stay in Australia for no more than 12 months in an 18 month period.

Being in breach of this condition may result in the cancellation of the visa which will have a negative impact on ongoing or future visa applications.

 

     Zoe He
     Senior Migration Agent, Australian Immigration Law Services
     MARN 1464926

     Meet the AILS Team!

 

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