The dreaded 8503 Condition on my visitor visa! This is the most common condition that is applied to visitor visas.
What is 8503 Visa Condition?
The Migration Regulation 1994 state:
The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.
Essentially this means that if you have 8503 condition on your visitor visa, you will not be able to apply for another visa while you are in Australia (unless you need to apply for a protection visa). If you would like to apply for another Australian visa, you will need to leave the country first and apply while offshore.
How can you avoid 8503 Visa Condition?
Condition 8503 (sometimes called 600 visa no further stay condition) is mandatory for the following Visitor visa (subclass 600) streams:
- Visitor visa (subclass 600) (Sponsored Family stream)
- Visitor visa (subclass 600) (Approved Destination stream)
- Visitor visa (subclass 600) (Tourist stream) – if sponsorship has been imposed on it
Can you get a Condition 8503 No Further Stay waiver?
It’s not possible to ask for a Condition 8503 waiver at the time you apply for your visitor visa.
A waiver will only be considered once you are in Australia and if compelling and compassionate circumstances have developed that are beyond your control. This must have resulted in a major change in your personal circumstances.
Marriage and pregnancy are not considered as ‘beyond your control’.
Examples of compelling and compassionate circumstances include:
- Unfit to travel
- Death or serious illness in within close family
- Natural disaster in the visa holder’s home country
- War or severe civil unrest in the visa holder’s home country
Requests for a condition 8503 waiver must be made in writing.
The waiver is not automatic. The case officer will assess your individual circumstances.
A waiver can take awhile to process so make sure you apply well before your visa expires. If the waiver is refused, you cannot apply for an AAT review.
Please remember that a successful waiver application does not guarantee a successful future visa application.