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Condition 8503 is the ‘No Further Stay’ condition that prevents the visa holder from applying for another visa, subject to very limited exceptions, whilst they are in Australia. For example, if you are in Australia on a visitor visa that is subject to Condition 8503 you will not be able to apply for a partner visa whilst you are in Australia. If you wish to apply for another visa you will have to apply whilst you are outside of Australia. 

 How can I tell if my visa has Condition 8503?
 
Your visa grant notice will list all of the conditions that your visa is subject to. You can also check your current visa status, and any conditions attached to your visa, through the Department’s Visa Entitlement Verification Online (VEVO)
 
It is the responsibility of all visa holders to be fully aware of all of the conditions attached to their visa. Failure to comply with a visa condition can have serious consequences, including having your visa cancelled. If your visa is cancelled whilst you are in Australia, you will become an unlawful non-citizen, and may be removed from Australia.
 
Will my visa have Condition 8503?
 
This will depend on the visa that you have been granted. For some visas, Condition 8503 cannot be attached, for others it may be attached, and for some it must be attached. Here are some examples:
 
  • Electronic Travel Authority (subclass 601) – Condition 8503 cannot be attached
  • Visitor visa – tourist (subclass 600) – Condition 8503 may be attached
  • Visitor visa – sponsored family stream (subclass 600) – Condition 8503 must be attached
 
Can I ask for Condition 8503 not to be on my visa?
 
No, you cannot ask the Department to not attach Condition 8503 to your visa.
 
Can I have Condition 8503 removed from my visa?
 
To have Condition 8503 removed from your visa, you will need to be granted a waiver of the ‘No Further Stay’ condition. A waiver can only be granted if ‘compelling and compassionate circumstances have developed since you were granted your visa, over which you had no control, and these circumstances have resulted in a major change to your circumstances’.
 
How do I request a Condition 8503 waiver?
 
You will need to provide supporting evidence to the Department that supports your no further stay waiver request. This can be done using the Department’s Form 1447. It is essential that your request meets the criteria for a waiver. If it doesn’t, your waiver request will not be successful.
 
How long does a Condition 8503 waiver request take?
 
A waiver is not automatic. Your waiver request will be decided by assessing your circumstances against the criteria for a successful grant of a waiver. A waiver request can take many weeks to be decided. If your waiver request is not decided before your current visa ends, you will become an unlawful non-citizen, and may be removed from Australia.
 
If you feel that you may be eligible for a Condition 8503 please contact us at Thai Visa Express for more information.
 

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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4 hours ago, Thai Visa Express said:
Can I have Condition 8503 removed from my visa?
 
To have Condition 8503 removed from your visa, you will need to be granted a waiver of the ‘No Further Stay’ condition. A waiver can only be granted if ‘compelling and compassionate circumstances have developed since you were granted your visa, over which you had no control, and these circumstances have resulted in a major change to your circumstances’.

I will reinforce what my colleague has said, as we get this question almost daily. 

Removal of Condition 8503 is rare, complex and 90%** of waiver applications result in a refusal.

My general advice is to NOT to bother applying for a waiver, I consider it a waste of time as so few waiver requests are granted.  The exception being serious, genuine compelling circumstances. Personal issues relating to emotional stress as a result of separation from a loved one, or you personal impatience for the whole process, or your desire to apply onshore for a migration visa ARE NOT compelling circumstances.

Condition 8503 is applied as a risk mitigation strategy to visa overstay.  It's never personal.  It's mathematically applied, as a function of statistics, data, trends and general behaviour of various nationalities and personal circumstances. If you feel IMMI is being prejudicial towards you or your nationality by applying a 8503, go and complain to your fellow countrymen that have demonstrated a trend for overstay.

 

 

**IMMI stats 2017


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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