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How to avoid a Condition 8503 No Further Stay on an Australian tourist visa application

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In this week’s episode of our Weekly Q&A one participant asked How to avoid a Condition 8503 No Further Stay?

The exact question was:

How to avoid a Condition 8503 No Further Stay?

How can you apply for a further tourist visa inside Australia, aka get a tourist visa extension, when you have a No Further Stay (Condition 8503) on the existing tourist visa? Can you get a waiver so you can stay longer inside Australia?

Can you get a waiver of a Condition 8503 No Further Stay and remain longer in Australia and extend the current visa?

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How can I prevent a condition 8503 no further stay?
What are my visa requirements and how much is a tourist visa

24 Comments

  1. Kyo silva

    Hi Guys

    I would like to know how to avoid the no further stay condition
    Could you give us more info ?

    Reply
    • Jeff Harvie

      Did you watch the video? It’s all explained.

      Reply
      • Sebastian

        Visa under 600 says you shalll not arrive after 15/11/2021. Length of stay as 12 months in 18 months.
        Can we come on 1/11/2021 and stay for one year

        Reply
        • Jeff Harvie

          I can’t advise on individual cases. Happy to answer some genuine questions, but this isn’t a free advisory service.

          Reply
  2. Dilip bhatt

    I would like to know if all children citizens,do parents
    get preference for migrating
    early since they are dependent and age above 65.

    Reply
    • Jeff Harvie

      They don’t get “preference”. I suggest you get some professional advice about this.

      Reply
  3. Rochella

    Hi Jeff am currently in Australia for sponsored tourist visa subclass 600 with my 3months old baby which is Australian citizen by descent. Now my visa will expire end of June with no further stay. We are actually waiting for my spouse visa to approve it’s been 9months now since we apply. Now my husband is sick and having his cancer treatment chemotherapy and radiotherapy for his lung cancer.i would really like to stay and look after him can I apply for extension? Is there anyway that I can wait my spouse approval here in Australia? Please advice thank you

    Reply
    • Jeff Harvie

      I assume you applied for your partner visa offshore, ie in Philippines? You will need to leave. You chose the wrong type of visitor visa. It comes with a Condition 8503 (No Further Stay), which you MAY apply for a waiver. It also comes with Condition 8531 (Must Leave Before Visa Expiry), which has no legal grounds for a waiver. You will need to return to Philippines. If you want to come back, I suggest that you apply for a STANDARD visitor visa and not a family sponsored visa to avoid these issues.

      Reply
  4. Anil Bhatt

    Hi Jeff, My mother (widowed) is around 70 and has the No Further Stay condition attached to her tourist visa – subclass 600. We have applied for subclass temp contributory visa 143/173 which is still about 40 months of waiting in the queue remaining. Is it possible to apply for ‘No further stay’ on her existing tourist visa or apply for any other visa that would avoid her traveling? She has lots of health issues, and no one to take care of her at home. I’m afraid her health might deteriorate since she is very forgetful of taking her daily medicines. PS advice on any options available.

    Reply
    • Jeff Harvie

      I suggest that you consult an RMA about this one. Yes, it’s possible to apply for a waiver of the 8503 on compelling and compassionate grounds if these may be established. But this is not something I can tell you in a comments section.

      Reply
  5. Ck

    Hi Jeff,
    If you could help. Currently, I am on 489 visas and expecting my 887 in November 2019. My wife got a visitor visa without having no further stay condition. Does it mean I can apply onshore partner visa once I get 887 visa? If so then will she have a full work right as well? Really appreciate if you could help.

    Reply
  6. Naresh

    Hi Jeff,
    Thanks for sharing this information, really are helpful.

    My wife and I are an Australian citizen and we both work full time and has three kids, two are in primary school and the third goes to daycare.

    My wife’s relatives live in Asia.

    We really want to bring my wife’s sister to look after my little girl at home as a nan.

    Could you please suggest what is the right type of visa for this and how long does it take to grant.

    Regards
    Naresh

    Reply
    • Jeff Harvie

      You can’t bring your wife’s sister to Australia to work as a nanny. There are no visas for this purpose. Tourist visas are for visiting and then returning, and work visas are only for highly-skilled work.

      Reply
  7. Desiree

    Hi Jeff, My husband and i are PR holders of Australia. I am currently pregnant in 3rd trimester and cannot travel to Australia for delivery and so i will be delivering in India. We plan to apply for tourist visa once the child is born and reach Australia and apply 802 child pr from Australia. However I am afraid of the “no further stay” clause that may be added to my child’s tourist visa which will prevent me from applying child pr in Australia. Can you please advice me what can i do to avoid the clause and in such situation if immi waives off the clause easily?

    Reply
    • Jeff Harvie

      I don’t manage visa applications from India, sorry

      Reply
  8. Muhammad Talha Shahid

    hi jeff its muhammad here unfortunatelymy i missed my date for the lodgement of 485 visa and now i am going back .i am much curious about whether they would grant me tourist visa 600 if i a apply offshore without having the NO FURTHER STAY condition or not so that i would be eligible for the lodgement of 485 visa.

    Reply
    • Jeff Harvie

      I couldn’t tell you, sorry. I don’t know your situation, and I don’t deal with 485’s.

      Reply
  9. Rajesh Dokania

    Hi
    I am Australian Citizen from Perth. wants to call my mom from India. which visa should i apply to avoid no feather stay condition. Can you help me to apply my mom’s visa?
    Regards
    Raj

    Reply
    • Jeff Harvie

      I manage visa applications from Philippines and not from India, sorry

      Reply
  10. Marjorie Alino

    Hi Jeff! do we use Form 1419 instead of the Form 1418 for the normal tourist visa? I believe the 1418 is for the family sponsored one. Just to avoid the no further stay condition. I am applying for my husband and child which are currently in the Philippines. Appreciate your response.

    Reply
    • Ruby

      Hello I am from Philippines and my aunt plans to invite me to come to Australia this July or August .We are applying subclass family stream ..and I am afraid to have that No further stay conditions. Can you advice us how to get rid of that may be..Thanks

      Reply
      • Jeff Harvie

        Yes, don’t apply for a Family Stream visa, as they always have a No Further Stay.

        Reply
  11. Julia

    Hi Jeff,

    My husband and I are newly-granted Australian Citizens by conferral, pending citizenship ceremony. My father-in-law has been granted a Visitor Visa (SC 600) on Aug 7, 2023 valid for 1 year, with the condition of staying no longer than 6 months from each entry. His 6 months will be due Feb 25, 2024. Is there a way that we could request to waive the 6-month exit?

    He has two sons residing in Brisbane, and two other children are planning to visit here sometime June/July 2024. Being 80 years old and someone who had never really travelled internationally apart from this time, it would be very helpful if he could avoid undergoing the long-haul travel.

    Would you be able to advise if applying to waive the 6-month exit is a possibility at all please?

    Thank you so much.

    Reply
    • Jeff Harvie

      No you can’t if it has an 8503, sorry. Unless you have competing and compassionate circumstances, which it sounds like you probably don’t.

      Reply

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