Do you have a ‘No Further Stay’ condition attached to your visa?
If your current visa includes a No Further Stay condition (Conditions 8503, 8534, 8535), this would usually mean you are not able to make an application for most other visas unless from inside Australia.
There are circumstances in which the minister might waive a ‘No Further Stay’ condition:
- since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:
- over which the person had no control
- that resulted in a major change to the person’s circumstances
- if the minister has previously refused to waive the condition, the minister is satisfied that the circumstances mentioned in paragraph (a) are substantially different from those considered previously
- if the person asks the minister to waive the condition, the request is in writing.
The current COVID-19 travel restrictions may be considered outside an applicant’s control; therefore, this may be an appropriate strategy for some visa holders to seek a waiver of the 8503 condition.
Regional Migration Australia can assist with your No Further Stay condition waiver request. Note that a waiver request can take around 28 days to be approved, so this must be done as soon as possible if your visa is due to expire in the coming months. If you can not leave Australia, and have not had a waiver request approved, you may not be able to apply for another visa from within Australia. This may lead to becoming unlawful and impact your ability to return to Australia in the future (and possibly a three year ban from entering Australia!).
Don’t risk your lawful visa status because you can’t leave the country. Contact us today for help with a waiver request.
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