No Further Stay Waiver Request Is This For Me?Posted by FamilyLawyer on April 7th, 2021 Does your visa have a “No Further Stay” condition attached to it, and if so, what does it actually mean? Below we attempt to clarify this and how it is dealt with: No further stayThere are many temporary visa holders in Australia who have got their visa conditioned as “no further stay.” The conditions include 8503, 8534, and 8535. This means unless there are specific My visa is attached with 8503 conditions, how can I avoid leaving Australia?You can request the Department of Home Affairs to waive the condition attached to your visa but it must fall under either of the following categories; (a) If you are unable to leave Australia due to medical reason; (b) If there is a natural disaster in your home country; (c) If there is a death or serious illness within your close family; (d) There is a war or civil unrest in your home country; and (e) The school in which you have registered cannot provide the course that you were approved for. You cannot request the waiver simply because of the occurrence of a marriage or de facto relationship with an Australian citizen or permanent resident. Additionally, you cannot request the waiver simply because of pregnancy, unless your doctor advised you not to travel. What happens when the condition of my visa is waived?If and when, a “no further stay” condition of your visa is waived, you may apply for another visa without having to leave Australia. You need to be mindful, however, that there is no guarantee that How long does it take to process my waiver request and how do I lodge my application?You need to be mindful that the waiver is not automatic and it all depends if you have provided all the required documents. Under normal circumstances, it takes around 28 days to receive an outcome on your waiver request. However, a delay may be experienced if your provided information is deemed incomplete. As far as the form, you need to complete the Form 1447 ‘No Further Stay’ waiver request and provide a certified copy of the bio page of your passport and all documentary evidence in support of your waiver request. The information then should be emailed to NoFurtherStayWaiverRequest@homeaffairs.gov.au Read More: Immigration Law What if I request for a waiver of the “No Further Stay” condition after my visa is expired?If you stay in Australia after your visa expires, you have breached condition 8531 which states: “You must leave before visa expiry.” This means even if your No Further Stay condition is waived and you are granted another visa, your sponsor will be penalized and any security bond lodged in support of that visitor visa or professional development visa application might also be forfeited. What if my request for a waiver of the “No Further Stay” condition is refused? Can I appeal the decision?No. The Department of Home Affair’s decision in respect to your waiver request is final and the decision cannot be reviewed by the Administrative Appeals Tribunal or by another Department. The Can you assist me to lodge my waiver request application from A-Z?Yes, we can. It always pays to seek qualified immigration advice to ensure your application and documents are in order. In addition, you need to be mindful that you want to get your application By Abolfazl Moghadam Article Source: 8503 No Further Stay https://aylwardgame.com.au/no-further-stay-waiver-request-is-this-for-me/ Like it? Share it!More by this author |