Its legal effect is to remove, after entry to Australia the visa holder’s ability to make a valid application for a further substantive visa, other than a protection visa or a specifically prescribed visa.
Unless the Minister or delegate has waived the condition.
The waiver is available only in prescribed conditions, regulation 2.05 (4) sets out the limited circumstances.
Condition 8503 gives greater surety that a temporary entrant will leave Australia before the expiry of their visa.
- It is a tool in maintaining the integrity of certain visa programs such as the Visitor program.
- It allows greater flexibility in granting visas in certain circumstances
- The use of the condition has helped the department increase grant rates, without a corresponding increase in non-return rates.
- To check if condition 8503 can be or is by law imposed on a visa, see Schedule 2, clause 6 for the particular visa.
Examples of when it is imposed
Condition 8503 may be imposed if the applicant needs to travel in particularly compelling circumstances but normally it would not be appropriate to grant the visa because there are health, character or previous compliance issues. Some examples of compelling circumstances include:
- a particular family event, e.g. a wedding, christening, funeral or family reunion;
- urgent legal matters; and
- settling affairs after a prior lengthy stay in Australia.
Many Tourist visas will have condition 8503 attached even if the applicant does not fall within the above categories and all Sponsored Family Visitor visas will have it attached.
Read how to requeste a waiver on No Further Stay conditions at https://www.qantara.com.au/blog/requesting-waiver-no-further-stay-conditions- Log in to post comments