Condition 8503 – What Is It ?
Condition 8503 means n further stay in Australia which means you cannot switch to another visa type whilst you are on-shore.A good example would be your girlfriend arrives in OZ on a 3 month tourist visa & you want her t stay longer with 8503 attached to her tourist visa you wonr be able to extend her stay.
Can Condition 8503 Be Waived ?
Requesting a waiver of condition 8503 – Can It Be Done ?
Asking for this condition to be waived may prove difficult but there is provision to waive the condition in limited circumstances that are set out at Regulation 2.05(4) of Australia’s migration legislation.
- since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:
- over which the person had no control
- that resulted in a major change to the person’s circumstances
- if the minister has previously refused to waive the condition, the minister is satisfied that the circumstances mentioned in paragraph (a) are substantially different from those considered previously
- If the person asks the minister to waive the condition, the request is in writing’.
- Because this is law, it is not possible for the department to consider waiving the condition for any other reasons.
- Therefore, if you do request a waiver of condition 8503, the departmental officer who considers your request must be satisfied that all the above requirements apply in your case, namely that:
- The circumstances that have developed since you were granted the visa are both compassionate and compelling
- You had no control over these circumstances
- These circumstances have resulted in a major change to your personal circumstances.
Waiver is not automatic—each request is decided by assessing your particular situation against the above legal requirements.