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How to avoid a Condition 8503 No Further Stay?

Jeff Harvie
Jeff Harvie
·1 min read

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

WATCH THE VIDEO FOR THE ANSWER!

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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Who are Down Under Visa? Who is Jeff Harvie?

Jeff Harvie and the Down Under Visa team have been doing this for a lot of years! Down Under Visa have brought thousands of couples to Australia from South East Asia over the years. Mostly from the Philippines, but we help increasing numbers of couples where the visa applicant is from China, Thailand, Vietnam or Cambodia. And what this means is we see a lot of success....and we also see failures when people go it alone after talking to their mate, or their relative, or that minimal-care-no-responsibility Facebook group run by Steve and Maribeth based on their own visa application! One application, and they feel qualified to advise others! It's not even LEGAL to do that!

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24 Comments

KS
Kyo silvaApr 23, 2018, 01:09 PM
Hi Guys I would like to know how to avoid the no further stay condition Could you give us more info ?
JH
Jeff HarvieApr 25, 2018, 07:38 AM
Did you watch the video? It's all explained.
S
SebastianSep 16, 2019, 02:15 AM
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
JH
Jeff HarvieSep 19, 2019, 03:53 AM
I can't advise on individual cases. Happy to answer some genuine questions, but this isn't a free advisory service.
DB
Dilip bhattMay 8, 2018, 01:14 PM
I would like to know if all children citizens,do parents get preference for migrating early since they are dependent and age above 65.
JH
Jeff HarvieMay 15, 2018, 09:29 AM
They don't get "preference". I suggest you get some professional advice about this.
R
RochellaApr 16, 2019, 06:04 AM
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
JH
Jeff HarvieApr 16, 2019, 11:49 AM
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.
AB
Anil BhattApr 30, 2019, 09:47 AM
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.
JH
Jeff HarvieApr 30, 2019, 09:54 AM
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.
C
CkJul 26, 2019, 12:29 PM
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.
N
NareshAug 14, 2019, 10:48 AM
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
JH
Jeff HarvieAug 15, 2019, 08:01 AM
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.
D
DesireeSep 12, 2019, 04:54 AM
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?
JH
Jeff HarvieSep 12, 2019, 01:06 PM
I don't manage visa applications from India, sorry
MT
Muhammad Talha ShahidSep 18, 2019, 04:29 AM
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.
JH
Jeff HarvieSep 19, 2019, 03:57 AM
I couldn't tell you, sorry. I don't know your situation, and I don't deal with 485's.
RD
Rajesh DokaniaNov 19, 2019, 06:43 AM
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
JH
Jeff HarvieNov 20, 2019, 08:55 AM
I manage visa applications from Philippines and not from India, sorry
MA
Marjorie AlinoJan 15, 2020, 02:34 AM
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.
R
RubyJun 23, 2022, 03:19 PM
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
JH
Jeff HarvieJun 28, 2022, 09:57 AM
Yes, don't apply for a Family Stream visa, as they always have a No Further Stay.
J
JuliaDec 27, 2023, 11:19 AM
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.
JH
Jeff HarvieJan 22, 2024, 06:59 AM
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.

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