Visa Conditions

Visa conditions are normally listed on the visa approval notification by the Department of Immigration and Border Protection (DIBP). They appear as four digit numbers beginning with an ‘8’. Some conditions will be issued by DIBP automatically, such as a 8101 no work condition on a Visitor Visa. Some conditions are discretionary such as the 8503 No Further Stay Condition on a Visitor visa.

Visa conditions are straight forward and usually easy to understand. We assume the condition “No Work” is understood as paid employment and not an excuse to get out of helping your sister with the dishes.

Visa holders must comply with the condition(s) during their period of stay in Australia. It is important to know what the different visa conditions mean, and beware of the consequences of breaching a condition. A breach of a visa condition can result in:

• Visa cancellation
• Detention
• Deportation
• Re-entry bans (3 years, 5 years and life ban on future entry to Australia)

Only few exceptions exist to waive imposed conditions e.g. if extenuating or compelling circumstances apply. It also depends on the type of visa applied for.

NO FURTHER STAY

The most common questions that Perdaman Global Services receive regarding visa conditions, are questions regarding the No Further Stay Condition. The 8503 condition means that the visa holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a Protection visa, while the holder remains in Australia.

The 8503 condition prevents you from applying in Australia for any further substantive visa, other than a Protection visa. You must leave Australia to make a valid visa application. Many Visitor visas will have condition 8503 attached and all Sponsored Family Visitor visas will have it attached.

If condition 8503 applies, the number ‘8503’ will be printed on your visa label. Even if your visa has expired, the condition will still apply until you leave Australia.

It is possible to get an 8503 condition waived (except for a 462 (Work and Holiday) visa). However, it is difficult to obtain such a waiver.

You must show:

• a change in circumstances since the visa was granted;
• that change in circumstances is/ was beyond your control; and
• there are compelling and compassionate reasons to justify the waiver of the condition.

Be aware of the following

• Just because you are granted a waiver of an 8503 condition does not mean that you will be granted the new visa you have applied for or that any other applicable conditions no longer apply.
• If you are unlawful and you make an application for an 8503 condition to be waived you must apply for a Bridging visa E or you will be detained.
• You should consider when to apply for the waiver because if your visa expires while you are awaiting a decision in relation to your request for a waiver, you will have to apply for a Bridging visa E and exclusion period may apply to you in the future. If you apply for the waiver too early, it is likely to be declined because DIBP may consider that the reason why you needed to remain in Australia beyond your current visa period may no longer exist by the time your current visa expires.
• If you request a waiver in order to extend your temporary stay in Australia then it is policy that the period of stay granted should be consistent with the purpose for which the waiver was sought.

The compelling and compassionate circumstances giving rise to the request for a waiver must have arisen since the visa to which condition 8503 is attached was granted.

Compelling and compassionate circumstances may include:

• where you have an accident or contract an illness after arriving in Australia which makes you unfit to travel;
• a death, serious illness or serious medical condition of a member of the close family where you must remain temporarily in Australia to provide assistance or support and that care can only be provided by you;
• a natural disaster in your home country where it would be unreasonable to expect you to return home at that time; or
• war or severe civil or political strife in your home country where it would be unreasonable to expect you to return home at that time.

The types of situations that are generally not considered to be compelling and compassionate under the Department’s policy include:

• marriage to an Australian citizen – this is not sufficient because marriage is not beyond your control;
• pregnancy – this is generally not considered to be outside your control (although complications in pregnancy or child birth may be);
• deterioration of an existing serious illness or medical condition;
• failure to complete a course of study; and
• elective surgery.

Compelling circumstances are normally circumstances that are involuntary and characterised by necessity such that the applicant is faced with a situation in which there is little or no alternative but to seek to extend their stay in Australia. Each case will depend on its own circumstances.

It is important to keep in mind that there is no bridging visa attached to a waiver request. That is, any request for a waiver needs to be made while the visa holder has a current visa, otherwise they may become unlawful.

Finally a waiver request must be accompanied by supporting documentation and submissions, addressing the legal criteria for a waiver. The decision is final and is not “merits-reviewable” in a Tribunal or Court.

If you have questions concerning no further stay conditions, please click this link to contact Perdaman Global Services.

Full List of All Visa Conditions

The following conditions have been summarised. More information is available regarding definitions, exceptions, clarifications and explanations. Contact Perdaman Global Services if additional information is required.

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