8503&8558 No Further Stay Waiver

Introduction to visa conditions:

Condition 8503:  Visa holders are not allowed to apply for any visa other than a protection visa while in Australia.

Condition 8558: Visa holders are not allowed to stay in Australia for more than 12 months in any 18-month period.

Due to the ongoing imposition of travel bans, many temporary visa holders are unable to depart Australia before the expiry of their visas. They are required to renew their visas in Australia before the expiration date of their visas.

As mentioned in the previous article, if you are holding a visa with condition 8503, 8534 or 8535, you are required to apply for a No Further Stay waiver. The Department of Home Affairs will allow a new visa application during the stay only if the conditions are successfully waived.

Apart from condition 8503, 8534 and 8535, condition 8558 (commonly attached to subclass 600 Visitor Visas with a validity of three or five years) may also affect visa holders’  period of stay in Australia.

It is stipulated by condition 8558 that: Visa holders are not allowed to stay in Australia for more than 12 months in (any) 18-month period.

This condition is to ensure that the visa holders only intend to stay temporarily, and to prevent anyone from staying in Australia for a continuous period of time with such visas.

Normally, anyone who violates condition 8558 will face very serious consequences. In particular, they can be distinguished into two categories:

  • The visa will automatically cease if you stay in Australia for more than 12 consecutive months;
  • If you have stayed for a cumulative period of 12 months in an 18-month period, the visa will not be automatically ceased. However, if you violate this condition, your current visa will be cancelled and you may face entry restrictions.

However!

There are always exceptions. According to the Department of Home Affairs’ policy, if there are truly special situations that lead to a violation of the conditions, the Department will exercise discretion in light of the circumstances.  The global pandemic can be identified as a special situation. The Department of Home Affairs has also stated that:

  • If you are unable to leave on time due to factors such as force majeure, you are required to depart before the visa expiration date listed on VEVO (i.e., applicants are required to depart after staying for 12 months)
  • If you are still unable to depart due to COVID-19 or travel bans, you must apply to the waive the8503 condition. Please note that the 8503 condition waiver request has to be submitted no later than 4 weeks prior to the expiration date”.

Tips: The Department of Home Affairs will not waive visa condition 8558; if visa holders are unable to depart on time due to force majeure and therefore violate condition 8558, the Department of Home Affairs will not cancel their current visa, and will not have any negative impact on their future visa application.

 

Nevertheless, it is recommended that you submit condition 8503 waiver application to the Department of Home Affairs before breaching condition 8558!

That’s the information about No Further Stay Waiver. If you have any enquiries, feel free to leave a comment!

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