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Compelling and Compassionate Reasons for the Minister to waive the 8503 ‘no further stay’ condition

The Department of Immigration and Border Protection can impose certain conditions on visas that restrict what visas holders can do. The 8503 ‘no further stay’ is a common condition placed on visitor or working holiday visas that prohibits the visa holder from applying for a subsequent visa onshore. The only exception to this condition is that the visa holder can apply for a protection visa onshore. If the visa holder has an 8503 condition attached to their visa and their circumstances change, the visa holder can apply to waive the ‘no further stay’ condition. The Department will only consider cases where there are compelling and compassionate circumstances that are out of the visa holder’s control, and have resulted in a major change to the person’s circumstances since arriving to Australia.

In this case, the visa holder came to Australia on a Visitor subclass 600 visa with an 8503 ‘no further stay’ condition attached. The applicant was from a high risk country and subsequently applied for a protection visa before his visitor visa expired. During his time in Australia the applicant met and married an Australian citizen and had a daughter.

When the visa applicant’s protection visa was refused, he applied to the Administrative Appeals Tribunal to review this decision. As he was now in a relationship with an Australian citizen and had a child with his partner, he engaged Immigration Solutions Lawyers to waiver the 8503 condition, and then to subsequently lodge an onshore Partner Visa.

Immigration Solutions were able to successfully argue that the applicant underwent major changes in his personal circumstance and that there were compelling and compassionate reasons for allowing the applicant to remain onshore and apply for an onshore partner visa.

Click here to read more about Immigration Solutions Lawyers and Anne O’Donoghue.

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