What is Condition 8503?
Condition 8503 is known as the “No Further Stay” condition for visas. It is the most common of several visa conditions that prevent visa holders from applying for further visas while in Australia. The condition is sometimes attached at the discretion of the case officer but can also be mandatory.
You will also find other similar types of conditions such as Condition 8534 & 8535 (normally attached to student or guardian visas) and condition 8540 (normally attached to Work and Holiday visas).
If a No Further Stay condition is attached to your visa grant letter, you cannot continue to stay/extend your stay in Australia with any subsequent visas even if you do apply for another visa type onshore. The No Further Stay condition may not even appear on a visa label or on a VEVO report for the later visa. This is particularly common with conditions 8534 and 8535, where applications for further student visas are allowed. It essentially means to apply for your next visa, you will need to go offshore to apply and wait for the grant of the visa before coming back to Australia – a situation which can lead to a lot of cost and time spent, anxiety and inconvenience for some of you.
What does Condition 8503 do?
When attached to a visa, Condition 8503 prevents the holder from applying for further visas while inside Australia, except for a Protection visa. With conditions 8534, 8535, and 8540, further applications are prevented, but have a short list of additional exceptions.
Can Condition 8503 be waived?
Sometimes, yes. A waiver for Condition 8503 can be as simple as a tick box style waiver in certain applications, but in most cases a waiver application requires a specialised request with a supporting submission to gain approval for the waiver. Often, additional documents and evidence is required to support the claims made in the submission.
Certain types of visa also enable this waiver, for example, those on the Skillselect program category visas (i.e. business skills and Skilled visas)
To help you overcome restrictions on making further application in Australia through waiver applications for Condition 8503, 8534, 8535, and 8540, seek professional advice. Sometimes, in cases where a waiver is unlikely or not available, we can help you find other ways to bypass this restriction.
If you have Condition 8503, 8534, 8535, or 8540 attached to your visa and you want to make application for further visas for Australia, contact us ASAP and we will assist you promptly and professionally, to advise you of your options and to address your issues.