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.
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.
I have learned a lot of information in your blog about the visa condition 8503. This is an important country visa information I need to know. If this 8503 visa condition will apply in your stay in Australia, you are no longer allowed to extend your stay. This condition 8503 will be implemented to visit visa & temporary residence visa holder. But, it is mandatory to those sponsored family visitor visa and tourist visa. Included on this mandatory are also the sponsored visitor visa and work/holiday visa. You must know what visa you are holding to avoid some confusion in the future. You can check your condition 8503 in the visa label of your passport. I learned in your blog also on how to request a waiver of condition 8503 if will expire your visa soon. This is the great blog I have ever read. Thanks for sharing a wonderful information.
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