Appeals & Reviews
Appeals / Tribunals
What you need to know about 8503 No further stay, may help you plan when to leave
An additional ban is a condition that prevents a visa holder from applying for multiple temporary and permanent visas while in Australia. Additional no-stay conditions include 8503, 8534 and 8535. You cannot apply for another visa if one of these conditions is imposed on your visa (except for a protective visa or certain types of temporary visas while in Australia). When leaving Australia, you cannot apply for another visa due to an additional stay ban
No-stay conditions may apply to many temporary visas. Condition 8503 is a prerequisite for the following visas:
- Visitor Visa (Subclass 600) (Sponsored Family Stream)
- Visitor Visa (Subclass 600) (approved destination flow)
- Visitor visa (subclass 600) (tourist flow),
if sponsored The Research and Research Visa (Subclass 402) is for professional development streams only.
A work and tourist visa (subclass 462) if you previously held two subclass 462 visas.
If your visa is subject to condition 8503, you cannot apply for any additional visas in Australia other than the protective visa (subclass 866).
Condition 8534 is an optional condition for a student visa (subclass 500) and applies to student visa holders and their families. This decision will be made by the person reviewing your application.
If your visa is subject to condition 8534, you cannot apply for an additional visa in Australia other than the
- protection visa.
- Student Guardian Visa (subclass 590)
- Temporary Graduate Visa (subclass 485).
Condition 8535 is a mandatory condition of the Student visa (subclass 500) for Department of Foreign Affairs and Trade or Department of Defense sponsored students.
If your visa is subject to condition 8535 then you cannot apply for a further visa in Australia, other than:
- A Protection visa
- A Student visa that is supported by the sponsoring government agency.
The applicable Visitor and Temporary Resident Visa Application contains information for Condition 8503 and includes confirmation that you understand and agree to the following:
This condition may be imposed on the visa.
You will not be able to apply for an additional visa (see above) while in Australia where applicable.
This includes Australian embassies, high commissions, consulates or other overseas Australian visa offices (or cannot send applications to processing departments) in Australia. Australian centers that process “overseas” applications, such as parent visas).
When applying for a visa, I acknowledge that these conditions may apply to my visa. This is true even if someone else, such as an immigration agent, submits the form on your behalf. There is no reason to waive this condition if you say you did not know that this condition was imposed on your visa or that you did not read the application.
The visa application contains details about the conditions that apply to the visa.
You can also view this information using the free Visa Entitlement Verification Online (VEVO) service.
If you hold one of the following visas, you should read the information below.
- Visitor Visa (Subclass 600) – Sponsored Family Stream and Tourist Stream (for Sponsored Applicants)
- Professional Development Visa (Subclass 470)
- Research and Research Visa (Subclass 402)
If you request a waiver of the ban and as a result remain in Australia after your visa has expired, you are violating another condition of your visa: Article 8531, which requires you to leave before your visa expires. This means that the sponsor will be penalized even if the ban on stay is revoked and another visa is granted. memo. Additionally, any deposits made to support visitor or professional development visa applications are subject to cancellation. See also:
- Visitor Visa (Subclass 600).
- Work and tourist visa (subclass 462)
If your work and tourist visa contains a stay ban, you cannot request a cancellation and you must leave Australia before the visa expires.
When applying for a visa, it is not possible to request that the non-stay condition be removed from the visa. There is a limited circumstance waiver if you are in Australia and have an additional ban visa and your circumstances change.
Circumstances in which the Minister may waive the “no longer stay” condition:
Since the person obtained the conditional visa, compelling and humanitarian situations have evolved:
- over which the person has no control
- lead to a major change in the person’s circumstances
- If the Minister has previously refused to waive the terms, the Minister is convinced that the circumstances referred to in (a) are materially different from those previously contemplated.
- If someone asks the minister to waive this condition, they must do so in writing.
- If you are requesting a ban waiver, the person in charge of the department considering your request should ensure that all of the above requirements apply to your case. That is, what has happened since your visa was issued.
Compassionate and persuasive you did not control this situation This situation brought about a significant change in my personal situation.
The following circumstances shall not be considered “out of control” by the visa holder for purposes of the exemption clause:
- Marriage (or commencement of an actual partnership) to an Australian citizen or permanent resident
- Pregnancy (a woman who becomes pregnant while in Australia must generally have proof that she cannot leave Australia).
- Failed to complete course due to course failure.
It usually takes up to 28 days to get a result on your waiver request. Requests for additional information or medical examinations may take longer.
A decision not invalidating condition 8503, 8534, or 8535 may not be reviewed by the Court of Administrative Appeals or any other division of the division. The Secretary of Immigration and Border Protection has no right to intervene unless conditions 8503, 8534 or 8535 are revoked.
A second request may be submitted if circumstances have significantly changed since the waiver was denied. You must explain how the new situation is materially different from the situation discussed in the previous waiver request.
Additional residence waiver requests cannot be processed on-site as they must be carefully considered in accordance with legal standards. Immigration may not be able to make a decision on your request before your visa expires. Applying for an additional ban waiver does not automatically mean that you will be legally present in Australia until a decision has been made on your request. You will become illegal if your visa expires before USCIS makes a decision on your request. This has serious implications.
If you are unable to leave Australia before your visa expires, please contact us immediately for assistance.
You are responsible for maintaining a valid visa during your stay in Australia.
If your visa has already expired and we have not made a decision on your visa waiver request, contact one of our offices as soon as possible to visit one of our offices to discuss your immigration status with the Community Status Resolution Service (CSRS). You must ask them to call you. If found, you may be detained and deported from Australia.
If the ban is revoked, you can apply for another visa without leaving Australia. There is no guarantee that another visa will be granted depending on whether you meet the legal requirements for that visa. It may also contain a “no extra stay” clause if another visa is granted.
You cannot apply for another primary visa while in Australia unless the additional ban has been revoked.