How to Challenge ‘No Further Stay’ Visa Conditions?

Every individual is given a visa when migrating to another country of foreign origin. The visa holder’s details, type, identification data, the date of issue and expiration, along with the visa conditions, are stated in that document. Certain legal obligations are linked to the conditions on which the visa was granted, and holders are expected to strictly adhere to them. If an unusual issue or circumstance arises, one should consult with visa lawyers Perth to relax those conditions and secure an effective outcome.

What is the Implication of “No Further Stay” in your Visa?

Among the various visa conditions that can be given, we will discuss the “No Further Stay” term, which states that you cannot apply for another visa while you are present in Australia. To request the renewal or approval of a new visa, one has to leave the country and draft the application from overseas. Such a law is applied to specific condition codes of 8503, 8534, and 8535. So, in this regard, we will discuss the various codes and what they imply for this rule:

1. Explaining Code 8503

Under the code 8503, if you enter Australia on a visitor visa subclass 600 requirements for tourism, meeting family and friends or short-term business purposes, then you have a temporary permission of entry and must leave Australia before your visa expires.

2. Explaining Code 8534

Under code 8534, a Student Visa under subclass 500 is issued, allowing them to study full-time at a registered educational institution in Australia. It’s valid for the duration of the course, and a short interval period is given for making travel arrangements to enter and leave the country as per the start and completion of the course.

In certain instances, its discretion may be exercised in the Working Holiday Visa subclass 417 and Work and Holiday Visa subclass 462, which enable people to work while travelling in Australia. If applied for, after a stipulated period of time, extension of those visas is not possible, and they are asked to leave the country before reapplying for a new type of visa.

3. Explaining Code 8535

Under code 8535, individuals can study under a sponsorship of the government, state, employer, or university-specific programs in educational institutions and have to leave the country after their visa duration is over. Further stay can result in the cancellation of the visa and deportation process.

When can a “No Further Stay” be Waived?

You can submit an official request to waive your “No Further Stay” visa condition if there is a major change in your situation or circumstances. In such scenarios, grounds of medical emergencies, death of a close family member or if your institution cannot provide your approved course on the basis of which you issued your Student Visa are considered. Other than that, here are a few additional conditions:

1. Protection Visa Request:

A request for a Protection Visa can be submitted if you are unable to return to your home country due to fear of prosecution or risk of serious harm pertaining to torture or the death penalty. Relaxation of the condition on humanitarian reasons in case of natural disasters and political unrest in your native country can also be appealed.

2. Understanding Exclusions:

Under codes 8534 and 8535, though onshore visa applications are blocked, the Temporary Graduate Visa 485 is explicitly exempted from this regulation. Students are required to apply for that visa within 6 months after completing their course. Once the 485 application is lodged, Different types of bridging visas are issued that allow you to remain in Australia while your new visa is being processed.

3. Special note:

It is important to note that you cannot request a waiver if you have failed your course, are pregnant, married or in a de facto relationship with a permanent Australian resident while on your Temporary Visa. If all the normal avenues are exhausted, one can resort to ministerial intervention under Section 351. For further assistance, it is best to contact Visa lawyers Perth for details regarding such matters.

How to Request a Waiver?

Generally, it takes a period of 28 days to obtain the outcome of a waiver. So, one has to check their visa conditions using Visa Entitlement Verification Online (VEVO) for time restrictions and visa duration.

The Department of Home Affairs (DHA) issues a No Further Stay Waiver Request Form, which has to be filled out. The details of your major change in circumstances, why you had no control over these events, and the reason why the event should be considered on compassionate and compelling grounds are asked for, which should be stated with clarity.

• In addition to this form, a certified copy stating the personal particulars of your passport and documentary evidence supporting your claims should be attached.
• Providing transparent and detailed proof of evidence speeds up the evaluation process. If any of your written documents are not in English, official translations verified by the National Accreditation Authority for Translators and Interpreters (NAATI) should be provided.
• Unless a Bridging Visa is obtained, lodging a request for a waiver does not automatically mean you are lawfully entitled to remain in Australia. If your visa expires before the approval is passed, it can result in serious consequences. Consult the DHA as soon as possible to resolve your immigration status and avoid deportation.

Conclusion

Situations and complications can happen that require the waiver of the “No Further Staying” condition in your Temporary Visa. To ensure a smooth application process and handle the proper submission of documents and evidence, you can seek the help of a Migration Lawyer Perth.

They facilitate ease of communication with the Department of Home Affairs and are responsible for filing a Request for Ministerial Intervention via post or email in case all your other legal routes are exhausted.