NO FURTHER STAY visa condition - waiver of condition 8503

What does visa condition 8503 mean?

If condition 8503 (no further stay) has been imposed on your visa, it means you cannot apply for another visa (other than a protection visa or a temporary visa of a specified kind) to extend your stay while you are in Australia.

What visas is condition 8503 imposed on?

Condition 8503 can be imposed on many Visitor and Temporary Residence visas. However, condition 8503 is a mandatory condition of the following visas:

• Sponsored Family Visitor visa (subclass 679)


• Tourist visa (subclass 676) granted under the Approved Destination Status scheme operating out of the People's Republic of China


• Sponsored Business Visitor visa (subclass 459) if the application was made before 1 July 2006


• Professional Development visa (subclass 470)


• Work and Holiday visa (subclass 462) if you have previously held two subclass 462 visas.

How to check if condition 8503 has been imposed on your visa

If condition 8503 has been imposed on your visa, you will see the code '8503' listed under the conditions on the visa label in your passport. If you don't have a visa label in your passport there will be information in your grant letter advising that condition 8503 has been imposed on your visa. 

Requesting a waiver of condition 8503

It is not possible to request that a mandatory condition 8503 be left off your visa at the time you apply for the visa. However, if you are in Australia holding a visa with condition 8503 imposed on it and your circumstances change, there is provision to waive the condition in limited circumstances that are set out at Migration Regulation 2.05(4) of Australia's migration legislation.

This regulation states:

The circumstances in which the Minister may waive [condition 8503] are:

(a) since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:

(i) over which the person had no control; and

(ii) that resulted in a major change to the person's circumstances; and

(b) if the Minister has previously refused to waive the condition, the Minister is satisfied that the circumstances mentioned in paragraph (a) are substantially different from those considered previously; and

(c) if the person asks the Minister to waive the condition, the request is in writing'.

Because this is law, it is not possible for the department to consider waiving the condition for any other reasons.

Therefore, the departmental officer who considers your request must be satisfied that all the above requirements apply in your case, namely that:

• the circumstances that have developed since you were granted the visa are both compassionate and compelling


• you had no control over these circumstances


• these circumstances have resulted in a major change to your personal circumstances.

A waiver is not automatic – each request is decided by assessing your particular situation against the above legal requirements.

If your visa will soon expire

Requests for waiver of condition 8503 cannot be decided 'on the spot' as they require careful consideration. Therefore if your visa will expire soon after you submit a request for waiver, it may not be possible for the department to make a decision on your request before your visa expires. If your visa expires before the department can decide your request, you will have to apply for a Bridging Visa or depart Australiain order to avoid being unlawfully in Australia. 

Lodging a request for waiver of condition 8503 does not automatically mean that you will be lawfully in Australia until the request is decided. It is your responsibility to ensure you have a valid visa for the whole of your stay in Australia.

If condition 8503 is waived

If condition 8503 is waived, then you can apply for another visa without having to depart Australia. There is no guarantee that you will be granted another visa as this will depend on whether you satisfy the legal requirements for that visa. In addition, if another visa is granted to you it may also contain condition 8503.

If condition 8503 is not waived

If condition 8503 is not waived, you will not be able to apply for another visa (see above) while you are in Australia. When you depart Australia, condition 8503 will cease and will not prevent you from applying for another visa outside Australia.

Decision cannot be reviewed

The decision not to waive condition 8503 cannot be reviewed by the Migration Review Tribunal (MRT) nor by another department office. The Minister for Immigration and Border Protection does not have any power to intervene if condition 8503 is not waived.

Please contact Ryan Curtis-Griffiths, Director, Nevett Ford Lawyers Melbourne by email: rcurtisgriffiths@nevettford.com.au or by telephone: +61 3 9614 7111 if you require any advice or assistance.