The Corona virus pandemic has brought many challenges and uncertainties to residents and migrants that are living in Australia. One of the main uncertainties migrants face is what will happen to their visas, should they expire during this unprecedented period. Many are also concerned about the ‘No further Stay’ condition 8503 which applies for many temporary visas such as the visitor visa (subclass 600) or the training and research visa (subclass 402). The ‘No further stay’ condition prevents visa holders to apply for other visas while they are onshore- unless waived by the Minister.
It is always important to read your visa grant notice letter through thoroughly. Breaching your visa conditions can affect your current visa status and/or future visa applications. Unless you have compassionate and compelling reasons to prolong your stay past the date of your visa expiry, you will need to leave Australia before you can make another visa application. If you have compassionate and compelling reasons, you will need to apply for a waiver. It is essential that you do not breach condition 8503 and if you have become unlawful and your visa has ceased, condition 8503 will still apply and any further applications will still require you to request a waiver.
Keep in mind that a waiver request is not like a visa application and no bridging visa will be granted when you lodge for a waiver. Because of this, it is important that your request is made well before your substantive visa expires. The Department of Home Affairs (DHA) can sometimes take 2 -3 months to respond so it’s better to plan in advance. If you are in a position where you have to stay in Australia but do not have enough time to wait for an application to be processed, you should contact the Department of Home Affairs directly over the phone or speak to one of our MARA registered migration consultants. If the DHA has not granted you a waiver and you are in Australia past your visa expiry date, you will become unlawful.
The government had introduced a waiver for the ‘No further stay’ condition 8503 for migrants stuck in Australia. In order to get the waiver for condition 8503, visa holders must meet certain changes in circumstances that have affected them. There are no set guidelines as everyone’s situation is different and numerous factors affect one’s condition. In order to find out whether you might be eligible for this waver, it is best to speak with a MARA registered migration consultant.
Australia Migration Services has been providing expert migration advice over the years and has faced its fair share of adversity and countless challenges throughout the past decade. Various economic and sociocultural factors have helped reshape the structure and complexion of AMS and has made it what it is today. These very factors have produced an innovative and disciplined team of experienced, skilled migration consultants who have helped countless migrants process their visas and settle in Australia.