No Further Stay condition 

The Stress and Confusion of finding your visa has a no further stay clause can be significant.  AR LAW SERVICES: Master Migration Lawyers may be the solution to your problem!

No Further Stay Condition?

The 8503 Conditions on your visa, you will be prevented from applying for another visa while you are in Australia.

But that doesn’t mean you can’t stay…

If you find that you want to stay in Australia for longer, you can apply for a waiver of the no further stay condition. In order to qualify for the waiver, you will need to show that ‘compelling and compassionate circumstances’ have developed since you were granted your visa.

Section 48 Migration Act

‘Compassionate And Compelling Circumstance’?

There are a few elements that your compassionate and compelling circumstance(s) must meet to justify a waiver of the no further stay condition:

  a) The circumstance must have developed after you were granted your visa.

  b) You must have had no control over the circumstances developing.

 c)  Most importantly, be sufficiently convincing to ‘move’ the officer for your case to waive the no further stay condition.

AR LAW SERVICES was retained by a client who was pregnant when she travelled to Australia on a visitor visa, with a 8503 condition attached to it. However, with only a week left on her visa, she was told by her doctor that she was unfit to travel due to her pregnancy. The airline that she had booked her flight with had a policy that only permitted pregnant women to travel if cleared by their doctor as fit for travel.

Her 8503 condition would not be able to be waived…

This is because the reason that she would like for her 8503 condition to be waived – her pregnancy – had developed before her visa was granted. It would not be compelling or compassionate as she should have planned for it beforehand.

AR LAW SERVICES: Master Migration Lawyers has over 20 years experience in difficult migration and waiver case – like this – consequently when all hope seems lost talk to us.