No, Condition 8503 prevents you from applying for another substantive visa while in Australia, except for a Protection Visa. However, if you receive a waiver, you may become eligible to apply for a new visa.
What is Condition 8503?
Condition 8503 is a visa condition that prevents holders from applying for any other substantive visa while in Australia, except for a Protection Visa. This restriction applies even if the visa with Condition 8503 is no longer in effect.
Circumstances in Which Condition 8503 Can Be Waived
Condition 8503 may be waived if compelling and compassionate circumstances have arisen since the visa was granted. The applicant must demonstrate that these circumstances:
- Were beyond their control; and
- Have resulted in a major change in their situation.
The Department may consider the following as compelling and compassionate circumstances:
- Unfitness to travel due to a medical condition.
- Death or serious illness of a close family member in Australia.
- Natural disaster affecting the applicant’s home country.
- War or severe civil unrest in the applicant’s home country.
Circumstances That Are Generally Not Sufficient for a Waiver:
- Marriage or de facto relationship with an Australian citizen.
- Pregnancy (except where there are complications).
- Deterioration of an existing illness or medical condition.
- Elective surgery.
If a previous 8503 waiver request was refused, a new request must demonstrate substantially different circumstances from those previously assessed.
Requesting a Waiver of Condition 8503
A waiver request must be submitted in writing with supporting evidence. The application should include:
- Form 1447 – Request for Waiver of No Further Stay Condition.
- A detailed letter explaining the compelling and compassionate circumstances.
- Relevant supporting documents (e.g., medical reports, death certificates, proof of travel restrictions).
It is recommended that applicants seek specialist immigration legal advice before lodging a waiver request to ensure there are no other barriers to applying for a new visa.
If Your 8503 Waiver Request is Refused
If your Condition 8503 waiver request is refused, you may be able to seek judicial review if a jurisdictional error has occurred.
How Global Vision Migration Can Assist You
- Assess the merits of your case.
- Prepare and submit a new waiver request.
- Assist with judicial review if necessary.
Act Quickly – Strict Time Limits Apply
If you have received a refusal, contact Global Vision Migration immediately for expert guidance on your options.
Schedule a Consultation with Global Vision Migration for Expert Immigration Advice and Assistance
FAQs for Condition 8503 – No Further Stay Waiver
Compelling circumstances must be beyond your control and result in a major change in your situation. Examples include medical conditions preventing travel, the death of a close family member in Australia, or war/natural disasters in your home country.
Processing times vary depending on the complexity of the case and supporting evidence provided. It’s best to apply as soon as possible if unforeseen circumstances arise.
If refused, you generally cannot apply for another substantive visa in Australia. However, in some cases, judicial review options may be available if a jurisdictional error has occurred. GVM can assess your case and provide legal guidance.
Yes, leaving Australia removes the restriction, allowing you to apply for another visa from outside the country. However, approval of a new visa is not guaranteed.
Yes, but if a previous request was refused, you must demonstrate substantially different circumstances from those assessed before. Reapplying without new evidence may not be successful.
