What are visa conditions? 

When you are granted a visa for Australia, your Grant Notification will list the visa conditions applicable to you while you are holding that visa.  

Visa conditions are the rules of your visa that are set by the Australian Government. They will be different depending on the type of visa held. They can be mandatory or discretionary, and they will often be very different for primary visa holders compared to secondary visa holders.  

You can check what the conditions on your visa are at any time using the Visa Entitlement Verification Online (“VEVO”) service.  

It is important that you understand your visa conditions, as the Department of Home Affairs (“DoHA”) may cancel your visa if you breach them. You will also need to declare that you have substantially complied with visa conditions on your last substantive visa when making any further visa application onshore.  

What is the No Further Stay condition?

If your visa has a No Further Stay condition, it means that you can’t apply for most temporary and permanent visas while you are in Australia.

There are different No Further Stay Conditions to look for on your visa grant letter or VEVO check:

• Condition 8503 – No Further Stay
  Often imposed on subclass 600 Visitor visas, and mandatory for some such as the subclass 600 Sponsored Family Stream Visitor visa, you are unable to make a valid visa application for any new substantive visa while you are in Australia, other than a protection visa.
• Condition 8534 – No Further Stay
  Imposed on subclass 500 Student visas, you will not be granted a new substantive visa while you are in Australia, other than a subclass 485 (Temporary Graduate) visa, a subclass 590 (Student Guardian) visa, or a Protection visa.
• Condition 8535 – No Further Stay
  Also imposed on subclass 500 Student visas, you will not be granted a new substantive visa while you are in Australia, other than a Student (Temporary) (Class TU) because you have support from the Commonwealth or a foreign government, or a protection visa.

The No Further Stay condition is attached to you as a visa holder and can remain in effect even after your visa expires or you leave Australia.

Requesting a No Further Stay condition waiver

You can request a waiver of a No Further Stay condition on your current or most recent held visa in certain circumstances which are out of your control.

It is important to note that requesting a No Further Stay waiver does not entitle you to a Bridging Visa if a decision has not been received before your current visa expires and it is your responsibility to ensure you have a valid visa for the whole of your stay in Australia. If your visa expires before a decision is made and you remain in Australia, you would become unlawful and face a re-entry ban of up to three years.

If you are successful in your request for a No Further Stay waiver you will still need comply with all other criteria on your current visa, and satisfy eligibility criteria to apply for and be granted another visa. You may also have a No Further Stay condition imposed on subsequent visas.

If you have a No Further Stay condition on your current visa and want to discuss if you are eligible to apply for a waiver, please contact the migration specialists at KU Legal:

+61 (0) 429 133 911

jb@kulegal.com.au

#kulegal #visa #visaaustralia #visahelp⁠ #migration #migrationagentaustralia #migratetoaustralia #immigration #wecanhelp #australia #sydney #worthmigratingfor #australianvisas #visagrant #australianimmigration #travelaustralia #visitaustralia #seeaustralia #visacondition #nofurtherstay