Condition 8535 is a mandatory student visa requirement (subclass 500) for students sponsored by the Department of Foreign Affairs and Trade or the Department of Defense. There may be cases where the delegate has residual concerns but is willing to issue a visa, for example: Australia or an Australian would suffer difficulties/inconvenience if the visa was not issued (e.g. B an applicant who has booked a 3-week holiday at an Australian resort and has been classified as an actual visitor but has limited health clearance) or the applicant`s circumstances are mandatory. Taking into account the likely consequences of not issuing the visa may be useful in determining whether certain circumstances are mandatory (e.g. B an applicant who wishes to attend the funeral of a family member in Australia). Since the decision to issue a visa in these cases is not necessarily clear or undisputed, the delegate must exercise his or her judgment. The circumstances described above are not in themselves a reason to issue a visa, the applicant must still meet the « actual visitor » criterion of List 2. If you have one of the following visas, you should read the following information: If condition 8503 or 8534 or 8535 applies to your visa, you will not be able to apply for another visa in Australia, even if your current visa has already expired. Condition 8503 is a mandatory condition for the following visas: The discretionary condition « No additional stay » is only imposed if the applicant appears to meet the criteria for issuing the visa, but there are residual concerns. For e.B topics in the parent migration queue. • a minor travels with only one parent and • the delegate proposes to impose condition 8503 on the child`s visa And your visa issuance letter will inform you of the details of the conditions that apply to your visa. Contact the MyVisa office® and get expert advice on the « No extra stay » requirement.
In general, it takes up to 28 days for a result of a waiver request to be available. It may take longer if you are asked to provide more information or undergo a medical examination. There is concern that the applicant will violate visa requirements, exceed their visa, apply for a protection visa or apply for an exemption from the condition in Australia – 8503 does not preclude any of this. Note: The presence of major concerns indicates that the delegate may not be reasonably satisfied that the applicant has met the requirements, and if the imposition of visa requirements or other available options does not address these concerns, the visa should be refused. If your visa has an additional non-stay condition, you will need an exemption to reapply for a visa. Request a waiver using the « No Additional Stay » waiver request form. Like what. B you applied for a TSS 482 visa and then a Visitor FA 600 visa from outside Australia. If you obtained the FA 600 visa and travelled to Australia on the FA 600 visa, the department can still grant you TSS 482 while you are in Australia as the TSS 482 application was submitted prior to the issuance of the FA 600 visa. But while you are in Australia and before the TSS 482 visa is issued, you will not be able to make more substantial visa applications in Australia unless the condition of additional no stay is lifted as your next visa application will be affected by the 8503 condition.
• The applicant applies for an FA-600 Tourist Stream visa, which would result in a cumulative stay of 12 months in Australia (or if a person applies for consecutive FA-600 visas). Since the applicant must meet the criteria of List 2 for each subsequent FA-600 visa application in Australia, the imposition of 8503 may be unnecessary in such cases (although this may be justified for another reason). Some visas are subject to the mandatory (by operation of law) condition of no additional stay and others may be imposed. A child travelling with one of the parents and the other parent has only given consent for a limited period of time. (Under these circumstances, officials may consider charging 8503 on the parent`s and child`s visas, because in Australia there are case management issues if the parent can apply for another visa, but the child is prevented from doing so by 8503, but also cannot leave Australia alone.) Condition 8503 of the Business Visitor Stream generally should not be applied to FA-600 visas of the Business Visitor Stream if the business objective is to take a medical course or meet the requirements for registration as a health care professional. According to article 65 of the Migration Act, when deciding whether to issue or refuse a visa, the delegate must be « satisfied », whether or not the conditions for issuing a visa are met. For the issuance of a visa, this means that a delegate must be sufficiently convinced that the applicant meets the requirements. To be reasonably satisfied is to be satisfied with a single fact; This does not mean that an absolute truth has been established. This may mean that a delegate has residual concerns – for example, concerns about the applicant`s employment, incentives to return to their home country, access to funds, or migration intentions (including a current or previous application for a permanent visa). In addition, the circumstances that have developed since your visa was issued must be both compelling and compassionate.
If one of these conditions has been imposed on your visa, you cannot apply for another visa (other than a protection visa or a temporary visa of a certain type in Australia). You must provide supporting documents at your request. You should also be aware that you will not receive a transition visa to apply for an exemption. However, if your current visa has expired, you can apply for a BVE or you will be detained because you are an illegal non-citizen. You cannot request that the condition « No additional stay » be lifted from your visa at the time of visa application. If you are in possession of a visa in Australia with the condition « No additional stay » and your situation changes, it is planned to waive the condition in certain circumstances. If your visa has already expired and we have not yet made a decision on your exemption application, you should visit one of our offices as soon as possible and ask to speak to the Community Status Resolution Service (CSRS) to discuss your immigration status. If we locate you, you risk being arrested and deported from Australia.
The circumstances in which the Minister could waive a « No more stay » condition are as follows: the visa should have been refused because the applicant did not meet the criteria of List 2. If you cannot leave Australia before your visa expires, contact us immediately for assistance. Where condition 8503 for a visa is imposed in circumstances where the applicant is travelling due to compelling circumstances, it would be appropriate to provide for some flexibility in the length of stay to take into account that the timing of these events is often beyond the control of the visa holder and cannot always be accurately predicted….