What Are The Conditions Of No Further Stay in Australia?

Visitor Visa 600
Visitor Visa 600

As the phrase suggests, no further stay in Australia refers to a condition where a person cannot stay any longer in the Land Down Under after their visa expires. Thus, unless you have a protection visa or a special kind of temporary visa, you will have to leave Australia when your Visitor Visa 600 validity terminates. However, the condition can be waived if any critical situation like a medical emergency or the death of a beloved person occurs. 

There are three conditions under the No Further, Stay Visa Australia – 8503, 8535, and 8534. But, if you are already out of the country, these conditions will no longer remain valid. And you will be allowed to apply for another Australian visa.

Which visas hold A Mandatory No Further Stay Visa Australia?

  • Visas To Which Condition 8503 Applies

There are several Australian visas to which Condition 8503 applies. The first visa that will be on top of this list is Visitor Visa Subclass 600. And the condition is applied to each of its three streams – Approved Destination, Sponsored Family, and Tourist Stream. One vital point you should note here is that the Tourist Stream will be subject to Condition 8503 if the sponsorship is imposed.

This condition also applies to the Training and Research Visa 402, but only for those who had applied for the professional development stream. And, last but not least, holders of Work and Holiday Subclass 462 will also come under this condition, but only if you held the Working Holiday Visa 462 twice in the past.

  • Visas to which Condition 8534 Applies

The Australian Student Visa 500 is conditioned under Condition 8534, and this condition applies to not only the student but also their family members included in the visa application. Upon expiration, your Student Visa 500 will be evaluated by the assigned case officer. If the visa is found to be subjected to Condition 8534, it will prevent you from applying for any other visa. However, you can apply for a Temporary Graduate Visa Subclass 485, or a Student Guardian Visa 590, or a Protection Visa.

  • Visas to which Condition 8535 Applies

The Student Visa 500 is also subjected to Condition 8535, but only if the holder had received a sponsor from the Department of Defence or Foreign Affairs. You can further apply for a student visa supported by a funded government agency or a Protection Visa with this condition. 

In which situations can you apply for a waiver if your Australian visa is subjected to No Further Stay Australia?

An emergency may arise at any time, and it will undoubtedly not be in your control. It means that you would not have any chance to stop or prevent it from happening at any cost. These situations can allow you to apply for a waiver if your visa comes under any conditions mentioned above.

Following are some examples of these situations that will be considered valid when you apply for a waiver.

  • Sometimes, a critical medical emergency occurs that may prevent you from travelling anywhere.
  • If any close family member is fighting a serious illness or suddenly dies, you can apply for a waiver.
  • A sudden natural calamity in the home country can force the government to suspend the landing of international flights.
  • Sudden onset of civil unrest or war in the home country can also be a solid reason.
  • And, if your educational institute or university cannot give the approved course, you can happily apply for the cancellation.

In addition to all these waiver-friendly conditions, there are other opposite-sound conditions, which will not be considered at the time of application.

  • You cannot apply for a waiver simple because of marrying or beginning a de facto relationship with an Australian Permanent Resident or a citizen.
  •  You will not be granted the waiver if you have failed in your course.
  •  The waiver would not be valid for a pregnancy condition unless your doctor recommended not travelling. 
  •  And, there will be no consideration if you were not aware of the specified condition attached to your Australian visa.
  • You have to note that a No Further Stay Visa is generally attached to most of the visas or is separately applied in a few cases. But suppose there is any serious change in condition to apply for a waiver, and the authority accepts it. In that case, your stay can be temporarily extended in Australia with a new visa. 

We have discussed some crucial points you have to keep in mind regarding the new visa application in the following sections.

What Can You Do After Your No Further Stay Visa Condition Is Waived?

Once your No Further Stay Condition is waived from your Australian visa, you can apply for another Australian visitor visa without leaving the country. Your visa application acceptance will depend on the visa type you apply for and the different visa eligibility requirements.

How Long Does The Waiver Approval Request Take To Process, And How Should You Lodge The Application?

Firstly, you should note that that the condition will not be automatically waived as it will depend on whether you have correctly submitted all the necessary documents. In typical situations, it usually takes around 28 days to get the outcome of the waiver request. But, if you submit incomplete information, you may experience a delay. 

For a successful application, you have to carefully fill up the Form 1447 ‘No Further Stay’ waiver request and then submit a certified copy of your passport bio-data page and the other supporting documents as evidence for your waiver request. Once all the application work is done, you should mail the complete information to the official email id of the No Further Stay section of the Department of Home Affairs.

What If You Request For A Waiver Of The No Further Stay Visa Condition After The Expiration Of Your Visa?

Condition 8531 states that one has to leave Australia before the visitor visa expires. Thus, if you remain in Australia after your visa expires, this condition will be breached. It means even if the No Further Stay condition is cancelled and you get another visa, the Department will penalize your sponsor. Also, if any security bond is lodged in support of that professional development visa or visitor visa application, it will be charged. You may seek help from any top-rated and experienced migration consultant in Perth for accurate and specific information.

What Can You Do If Your Request For A Waiver Of The No Further Stay Visa Condition Is Not Approved By The DHA?

If your request to waive the No Further Stay is refused by the Department of Home Affairs, you must leave Australia. The Department’s decision is final, and unfortunately, there is no chance of appealing the decision to the Administrative Appeals Tribunal. The intervention of a top administrator or a minister will not even be able to do any good for you.

Final Words

As there always lies a possibility that the authority can refuse your request for the waiver of No Further Stay Visa, you can consider taking help from a migration agent Perth for professional guidance.