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Fact sheet 52b-Waiving 'No Further Stay' visa conditions

A 'No Further Stay' condition is a condition that prevents the visa holder from applying for many temporary and permanent visas while they are in Australia. 'No Further Stay' conditions include 8503, 8534 and 8535.

If one of these conditions has been imposed on your visa, it means you cannot apply for another visa to extend your stay (other than a protection visa or a temporary visa of a specified kind).

When you depart Australia a 'No Further Stay' condition will not prevent you from applying for other visas.

What visas are 'No Further Stay' conditions imposed on?

'No Further Stay' conditions can be imposed on a range of temporary visas.

Condition 8503 is a mandatory condition of the following visas:

  • Visitor visa (subclass 600) for the following streams:
    • sponsored family stream
    • approved destination status scheme stream operating out of the People's Republic of China
    • tourist stream for applicants who have sponsorship imposed on them
  • Training and Research visa (subclass 402) for the professional development stream only
  • Work and Holiday visa (subclass 462) if you have previously held two subclass 462 visas.

If the visa is subject to condition 8503, you cannot apply for a further visa in Australia other than:

  • a Protection visa.

Condition 8534 is a mandatory condition on certain Student visas (Assessment level 3 and 4 applicants only) where the course duration is 10 months or less in the following subclasses:

  • Independent ELICOS Visa (subclass 570)
  • Vocational Education and Training Visa (subclass 572)
  • Higher Education Visa (subclass 573)
  • Postgraduate Research (subclass 574)
  • Non-Award Visa (subclass 575).

Condition 8534 can also be imposed on a Student visa irrespective of your Assessment Level or period of study. This will be decided by the case officer assessing your application.

If the visa is subject to condition 8534, you cannot apply for a further visa in Australia other than:

  • a Protection visa
  • a Student visa with permission to work (if the current student visa has condition 8101 imposed)
  • a Student Guardian (subclass 580) visa (if the applicant holds or last held a 580 visa) or
  • Graduate - Skilled (subclass 497) visa.

Condition 8535 is a mandatory condition of the following Student visa:

  • Foreign Affairs or Defence Sector Visa (subclass 576).

Condition 8535 can be imposed on other Student Visas.

If the visa is subject to condition 8535, you can only apply for one of the following visas while you are in Australia:

  • a Protection visa
  • a Student visa with permission to work (if the current student visa has condition 8101 imposed)
  • another Student visa of any subclass and the sponsoring Australian Government agency or foreign government supports the grant.

Information on application forms about the possible imposition of 'No Further Stay' condition

Application forms for relevant visitor and temporary residence visas contain information about condition 8503 and include an acknowledgement that you understand and accept that:

  • the condition might be imposed on your visa
  • if imposed, you cannot apply for further visas (see above) while you are in Australia - this includes not being able to send an application from Australia to an Australian Embassy, High Commission, Consulate or other Australian visa office overseas (or to a processing centre in Australia that deals with 'offshore' applications, such as Parent visas).

When you sign your visa application form, you are acknowledging that this condition might be imposed on your visa. This is also the case if another person, such as a migration agent, signed the form on your behalf.

There is no basis to waive the condition (see below) if you later say that you did not know it was imposed on your visa or that you did not read and/or sign the application form.

How to check if a 'No Further Stay' condition has been imposed on your visa

Your visa grant letter will provide you with the details of the conditions imposed on your visa.

You can also view this information through Visa Entitlement Verification Online (VEVO) which is a free online service.

Special circumstances that apply to certain visas which have the 8503 condition
If you hold one of the following visas, you must read the information below:

  • Visitor visa (subclass 600) - sponsored family stream and tourist stream (for applicants who have a sponsorship imposed)
  • Professional Development visa (subclass 470)
  • Training and Research visa (subclass 402)
    If you request a waiver of a 'No Further Stay' condition and this results in your staying in Australia after your visa expires, you will have breached another condition on your visa -namely condition 8531 'Must leave before visa expiry'. This means that penalties will be imposed on your sponsor even if the ‘No Further Stay’ condition is waived and you are granted another visa.
    Note: In addition, any security bond lodged in support of that visitor visa or professional development visa application may be forfeited.
    See: Visitor visa (subclass 600)
  • Work and Holiday visa (subclass 462)
    If your work and holiday visa contains a ‘No Further Stay’ condition, you cannot request that it be waived and you must leave Australia before your visa expires.

Waiver of 'No Further Stay' conditions

Requesting a waiver of 'No Further Stay' conditions

It is not possible to request that a 'No Further Stay' condition be left off your visa at the time you apply for the visa.  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 Regulation 2.05(4) of Australia's migration legislation.

This regulation states:

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

  1. since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:
    1. over which the person had no control
    2. that resulted in a major change to the person's circumstances
  2. 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
  3. if the person asks the minister to waive the condition, the request is in writing'.

It is not possible for the Department to consider waiving the condition for any other reasons.

Therefore, if you do request a waiver of a 'No Further Stay' condition, 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.

Waiver is not automatic; each request is decided by assessing your particular circumstances against the above legal requirements.

Circumstances not considered beyond the applicant's control

The following circumstances would not under policy constitute a situation that would be regarded as 'beyond the control' of the visa holder for the purposes of the waiver provisions:

  • Marriage to (or commencing a de facto partner relationship with) an Australian citizen or permanent resident
  • Pregnancy (women who become pregnant while in Australia would generally need to have evidence they are unable to leave Australia).
  • Failure to complete a course due to failing a subject.

Requesting a waiver on 'No Further Stay' conditions

A request for waiver of condition 8503, 8534 or 8535 can be made by completing Form 1447 'No Further Stay' waiver request (374KB PDF) or by request in writing by the visa holder.

Where to send a request for waiver

To ensure your request is processed in a timely manner, you should email your completed form 1447 or your written request with all supporting documentation to the following email address: NoFurtherStayWaiverRequest@immi.gov.au.

If you are unable to email your request, you can post your completed form 1447 form or written request with all supporting documentation to the relevant office below:

If you are located in the Australian Capital Territory, New South Wales or Queensland and do not have access to email, post your request for waiver to:
Department of Immigration and Border Protection
Brisbane No Further Stay Waiver Request Processing Centre
GPO Box 9984
Brisbane Qld 4001.

If you are located in the Northern Territory, South Australia, Tasmania, Western Australia or Victoria and do not have access to email, post your request for waiver to:
Department of Immigration and Border Protection
Perth No Further Stay Waiver Request Processing Centre
Locked Bag 7
Northbridge WA 6865.

Processing Times

Generally, it takes up to 28 days to receive an outcome on a waiver request. It may take longer if you are invited to provide further information or undergo a medical examination.

Decision cannot be reviewed

The decision not to waive condition 8503, 8534 or 8535 cannot be reviewed by the Migration Review Tribunal or by another department office. The Minister for Immigration and Border Protection does not have any power to intervene if condition 8503, 8534 or 8535 is not waived.

If your circumstances change significantly after you have had a waiver request refused, you can lodge a second request. You must explain how the new circumstances are substantially different from those considered by the department in your previous waiver request.

Visa validity and remaining lawful

If your visa will soon expire

Requests for waiver of 'No Further Stay' conditions 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.

Lodging a request for waiver of a 'No Further Stay' condition 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 your visa has already expired and you are waiting for a decision on your waiver request

If your visa expires before the Department can decide your waiver request, you will have to depart Australia or apply for a Bridging Visa E at your nearest DIBP office in order to remain lawfully in Australia while awaiting the outcome of your request.

If 'No Further Stay' condition is waived

When a 'No Further Stay' condition is waived, you can apply for another visa if you meet the validity requirements 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 a 'No Further Stay' condition.

If 'No Further Stay' condition is not waived

If the 'No Further Stay' conditionis not waived, you will not be able to apply for another substantive visa whilst you are in Australia.