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Monday, February 26, 2024

Visa Conditions


(no further stay)

Visa condition 8503 (no further stay) or additional ban is a condition that prevents a visa holder from applying for multiple temporary and permanent visas while in Australia. The term “section 48 bar” refers to a situation where a person is either unlawful (i.e., does not have a visa) or has a bridging visa and has had a visa cancelled or refused since last entering Australia.

Most other visa applications cannot be submitted while a person is in Australia if they are “section 48 prohibited” (there are some very limited exceptions). This implies that you should depart Australia normally.

Overstaying a visa or being ineligible for citizenship in Australia might have a severe impact on your ability to apply for future visas.

If your visa is subject to condition 8534, you cannot apply for an additional visa in Australia other than the

  • Protection visa.
  • Student Guardian Visa (subclass 590)
  • Temporary Graduate Visa (subclass 485).
  • Condition 8535 is a mandatory condition of the Student visa (subclass 500) for Department of Foreign Affairs and Trade or Department of Defense-sponsored students.

How to check whether no further stay is applicable?

The visa application contains details about the conditions that apply to the visa.

You can also view this information using the free Visa Entitlement Verification Online (VEVO) service.

Can this decision be reviewed?

The tribunal (previously AAT) and other Department offices are not permitted to evaluate the choice not to waive condition 8503, 8534, or 8535. If condition(s) 8503, 8534, or 8535 are not waived, the Minister for Immigration and Border Protection is incapable of taking any action.

After having a waiver request denied due to a material change in circumstances, you may submit another request. You must describe how the new circumstances change materially from those considered in your earlier waiver request.

For the purposes of the waiver provisions, the following situations are not regarded as being “beyond the control” of the visa holder:

  • Pregnancy after getting married to, or starting a de facto relationship with, an Australian citizen or permanent resident (women who become pregnant while in Australia would generally need to have evidence, they are unable to leave Australia).
  • Failing a subject and not finishing the course.

Get in touch with our experts to know more about 8503 (No further stay).

Health Waiver

Most visa applicants must comply with Public Interest Criteria (PIC), according to the Australian Migration Act (1958) and Regulations (1994). The health requirements that must be satisfied prior to the issue of a visa are outlined in the health-related PICs (4005-4007).

A visa applicant’s immigration medical examination findings must be evaluated, and they must be given a health clearance to satisfy the health requirement to be granted a visa. The applicant has not met the health criteria if the health clearance is marked as “Does Not Meet,” therefore a visa cannot be issued unless a health waiver is available and used.

Where PIC 4005 is in effect, there is no provision for a health waiver to be considered if an applicant (or a non-migrating family member) does not satisfy the health criterion for a visa.

Only visa applicants (and any non-migrating family members) may use a health waiver for some visas to which PIC 4007 is applicable. This comprises:

  • All Refugee and Humanitarian visas.
  • Certain skilled, business, and other non-humanitarian migration visas.
  • The 500 (Foreign Affairs or Defence Sector) student visa.
  • The Temporary Skill Shortage (subclass 482) visa.

Considering a Health waiver

All health waiver decisions must be made using the health waiver submission form, which can be found on Border net’s internal health waiver website and attached to the Health Assessment Portal (HAP).

Part A of the Health Care Waiver Application must be filled out by the visa applicant or immigration officer, and Part B must be filled out by the visa officer. Prior to sending a request for a health waiver to the visa application or immigration representative there, notice s57 should provide applicants the chance to respond to the MOC’s assessment. This is required because the requestor’s new medical information may lead the MOC’s opinion to change.

Authorization to waive

Giving up the requirement to provide for a health care need can have significant effects on the Australian society and health care. Therefore, by policy, only officials at the EL1 level or higher who are qualified under Article 65 of Law (s65) to grant or reject visas may make crucial decisions about the distribution of medical treatment.

When evaluating a visa application that requests a healthcare waiver review, section 65 delegates below the EL1 level are required to fill out the necessary healthcare waiver request form and send it to the s65 EL1 level delegate above. Without a suitably authorized officer, overseas visa processors should convey the situation to their supervisory position, who will then deliver the visa application to a s65 delegate at the EL1 level or higher.

Get in touch with our experts to know more about Health Waiver.

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