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The short answer is no, you can’t avoid condition 8503, but you can certainly take steps to lessen the chances of it being imposed on your visa.
 
What is the no further stay condition?
 
Condition 8503, commonly known as the ‘no further stay condition’, is a visa condition, that if imposed on your visa, will be prevent you from applying for another visa whilst you are in Australia. In very limited circumstances you may be able to get the condition waived, which would then allow you to apply for another visa whilst you are still in Australia, for example applying for a subclass 820 partner visa.
 
Will my visa have this condition attached?   
 
This depends on the visa that you have applied for. For some visas it cannot be imposed, for others it must be imposed, and for some the Department has the discretion to impose it or not. Here are some examples of this:
 
  • Electronic Travel Authority – cannot be imposed on this visa
  • Visitor visa under the tourist stream – it may be imposed on this visa
  • Visitor visa under the sponsored family stream – it must be imposed on this visa
 
From the examples above, it can be seen that if you apply for a visitor visa under the sponsored family stream, then the condition must be attached to your visa. The Department does not have any discretion to not attach this condition. However, if you apply for a visitor visa under the tourist stream, they have a discretion as to whether to impose it or not.   
 
When will they attach Condition 8503?
 
Anyone wanting to visit Australia must be able to satisfy the Department that they have a genuine intention to visit Australia temporarily. Many factors will be taken into consideration in assessing whether this intention exists. Assuming that you have applied for a visitor visa under the tourist stream, the Department may attach condition 8503 in circumstances where they are satisfied that you meet the criteria for the grant of a visitor visa, but nonetheless some residual concerns remain as to your intention to visit Australia temporarily, but those concerns are not sufficient enough to refuse your visitor visa application. 
 
Can I ask for the no further stay condition to not be put on my visa?
 
Where the condition is discretionarily imposed, such as a visitor visa under the tourist stream, you cannot ask for it not to be imposed on your visa, and in fact doing so, you may very well raise suspicions that you do not have a genuine intention to visit Australia temporarily. The best way to lessen the chance of the no further stay condition being attached to your visa is by submitting a thoroughly prepared visitor visa application which clearly evidences that you have a genuine intention to visit Australia temporarily.
 
See Also Related Topics:
 

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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