Visa Conditions

Some of the visa conditions imposed by the DIAC on visa grant.

Visa condition 8503 is very significant as compared to other visa conditions. If condition 8503 has been imposed on your visa, it means you cannot apply for another visa (other than a protection visa or a temporary visa of a specified kind) to extend your stay while you are in Australia. Once you depart Australia condition 8503 will not prevent you from applying for other visas. Below is more information about 8503 visa condition.

What visas is condition 8503 imposed on?

Condition 8503 can be imposed on many Visitor and Temporary Residence visas. However, condition 8503 is a mandatory condition of the following visas:

  • Sponsored Family Visitor visa (subclass 679)
  • Tourist visa (subclass 676) granted under the Approved Destination Status scheme operating out of the People’s Republic of China
  • Sponsored Business Visitor visa (subclass 459) if the application was made before 1 July 2006
  • Training and Research visa (subclass 402) for the Professional Development stream only
  • Work and Holiday visa (subclass 462) if you have previously held two subclass 462 visas.

How to check if condition 8503 has been imposed on your visa

If condition 8503 has been imposed on your visa, you will see the code ’8503′ listed under the conditions on the visa label in your passport. If you don’t have a visa label in your passport there will be information in your grant letter advising that condition 8503 has been imposed on your visa.

Why condition 8503 is imposed on some visas

Use of condition 8503 allows the department to grant more visas in those cases where extra surety may be needed that a visa applicant will depart Australia at the end of the period of stay allowed for by the visa.

It has been successful in increasing the number of visas that are granted while reducing the number of people who try to stay in Australia beyond the period allowed for by the visa.

Waiver of condition 8503

Requesting a waiver of condition 8503

It is not possible to request that a mandatory condition 8503 be left off your visa at the time you apply for the visa. However, if you are in Australia holding a visa with condition 8503 imposed on it and your circumstances change, there is provision to waive the condition in limited circumstances that are set out at Regulation 2.05(4) of Australia’s migration legislation.

This regulation states:

The circumstances in which the minister may waive [condition 8503] are:
(a) since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:

(i) over which the person had no control; and

(ii) that resulted in a major change to the person’s circumstances; and

(b) 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; and

(c) 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.

If your visa will soon expire

Requests for waiver of condition 8503 cannot be decided ‘on the spot’ as they require careful consideration. Therefore if your visa will expire soon after you submit a request for waiver, it may not be possible for the department to make a decision on your request before your visa expires. If your visa expires before the department can decide your request, you will have to apply for a bridging visa or depart Australia in order to avoid being unlawfully in Australia.

Lodging a request for waiver of condition 8503 does not automatically mean that you will be lawfully in Australia until the request is decided. It is your responsibility to ensure you have a valid visa for the whole of your stay in Australia.

If your visa has already expired

If the last visa you held since coming to Australia has expired you will not be able to apply for another visa in Australia (see above for exceptions) unless you have requested and been granted a waiver of condition 8503.

There may be other limitations on your ability to apply for another visa in Australia if your last visa has already expired.

What information to include in a request for waiver

A request for waiver must be made in writing. There is no official form that must be used for requesting a waiver. However, any state or territory office of the department in Australia can provide you with a form that you can use to make a request and that contains information to assist you.

As well as your written reasons for requesting waiver you should provide the following information and photocopies of documents:

  • a photocopy of the personal particulars page of your passport
  • a photocopy of your current Australian visa or, if your visa has expired, your most recent Australian visa
  • a photocopy of the page of your passport showing the Australian entry stamp
  • documentary evidence to support your reasons for requesting waiver, for example, medical evidence.

Providing as much information as you can with your request will help to speed up the assessment process.

We can help you in preparing and lodging application for 8503 visa condition waiver.

 

If condition 8503 is waived

If condition 8503 is waived, then you can apply for another visa without having to depart Australia. There is no guarantee that you will be granted another visa as this will depend on whether you satisfy the legal requirements for that visa. In addition, if another visa is granted to you it may also contain condition 8503.

If condition 8503 is not waived

If condition 8503 is not waived, you will not be able to apply for another visa (see above) while you are in Australia. When you depart Australia, condition 8503 will cease and will not prevent you from applying for another visa outside Australia.

Decision cannot be reviewed

The decision not to waive condition 8503 cannot be reviewed by the Migration Review Tribunal nor by another department office. The Minister for Immigration and Citizenship does not have any power to intervene if condition 8503 is not waived.

Other visa conditions:

8101
The holder must not engage in work in Australia.

8102
The holder must not engage in work in Australia (other than in relation to the holder’s course of study or training).

8103
The holder must not receive salary in Australia without the permission in writing of the Secretary.

8104
(1) Subject to subclauses (2) to (6), the holder must not engage in work for more than 40 hours a fortnight while the holder is in Australia.

(2) If the holder is a member of the family unit of a person who satisfies the primary criteria for the grant of a student visa, the holder must not engage in work in Australia until the person who satisfies the primary criteria has commenced a course of study.

(3) If the holder is able to engage in work in accordance with subclause (2), the holder must not engage in work for more than 40 hours a fortnight while the holder is in Australia unless subclause (4) or (5) applies.

(4) Subclause (3) does not apply if:
(a) the visa for which the primary criteria were satisfied is:
(i) a Subclass 573 (Higher Education Sector) visa; or
(ii) a Subclass 574 (Postgraduate Research Sector) visa; and
(b) the course of study is a course for the award of a masters or doctorate degree that is registered on the Commonwealth Register of Institutions and Courses of Overseas Students.

(5) Subclause (3) does not apply if:
(a) the visa for which the primary criteria were satisfied is a Subclass 576 (AusAID or Defence Sector) visa; and
(b) the course of study is a course for the award of a masters or doctorate degree.

(6) In this clause:
fortnight means the period of 14 days commencing on a Monday.

8105
(1A) The holder must not engage in any work in Australia before the holder’s course of study commences.
(1) Subject to subclause (2), the holder must not engage in work in Australia for more than 40 hours a fortnight during any fortnight when the holder’s course of study or training is in session.

(2) Subclause (1) does not apply:
(a) to work that was specified as a requirement of the course when the course particulars were entered in the Commonwealth Register of Institutions and Courses for Overseas Students; and
(b) in relation to a Subclass 574 (Postgraduate Research Sector) visa if the holder has commenced the masters degree by research or doctoral degree.

(3) In this clause:
fortnight means the period of 14 days commencing on a Monday.

8202
(1) The holder (other than the holder of a Subclass 560 (Student) visa who is an AusAID student or the holder of a Subclass 576 (AusAID or Defence Sector) visa) must meet the requirements of subclauses (2) and (3).

(2) A holder meets the requirements of this subclause if:
(a) the holder is enrolled in a registered course; or
(b) in the case of the holder of a Subclass 560 or 571 (Schools Sector) visa who is a secondary exchange student — the holder is enrolled in a full-time course of study or training.

(3) A holder meets the requirements of this subclause if neither of the following applies:

(a) the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course progress for:
(i) section 19 of the Education Services for Overseas Students Act 2000; and
(ii) standard 10 of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007;

(b) the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course attendance for:
(i) section 19 of the Education Services for Overseas Students Act 2000; and
(ii) standard 11 of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007.

(4) In the case of the holder of a Subclass 560 visa who is an AusAID student or the holder of a Subclass 576 (AusAID or Defence Sector) visa — the holder is enrolled in a full-time course of study or training.

8203
The holder must not change his or her course of study, or thesis or research topic, unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.

8204
The holder must not undertake or change a course of study or research, or thesis or research topic, for:
(a) a graduate certificate, a graduate diploma, a master’s degree or a doctorate; or
(b) any bridging course required as a prerequisite to a course of study or research for a master’s degree or a doctorate;
unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.

8501
The holder must maintain adequate arrangements for health insurance while the holder is in Australia.

8502
The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.

8504
The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister.

8505
The holder must continue to live at the address specified by the holder before grant of the visa.

8522
The holder must leave Australia not later than the time of departure of the person:
(a) who has satisfied the primary criteria; and
(b) of whose family unit the holder is a member.

8523
Each person who:
(a) is a member of the family unit of the holder (being a spouse or de facto partner of the holder or an unmarried child of the holder who has not turned 18); and
(b) has satisfied the secondary criteria; and
(c) holds a student visa because of paragraphs (a) and (b);
must leave Australia not later than the time of departure of the holder

8524
The holder must satisfy the remaining criteria (within the meaning of Part 303 of Schedule 2) on or before a date specified by the Minister.

8525
The holder must leave Australia by a specified means of transport on a specified day or within a specified period.

8533
The holder must:
(a) in the case of a holder who was outside Australia when the visa was granted, notify the education provider of the holder’s residential address in Australia within 7 days after arriving in Australia; and

(b) in all cases:
(i) notify the education provider of any change in the holder’s residential address in Australia within 7 days after the change occurs; and
(ii) notify his or her current education provider of a change of education provider within 7 days after the holder receives:
(A) a certificate of enrolment from the new education provider; or
(B) if no certificate of enrolment is required to be sent, or if a failure of electronic transmission has prevented an education provider from sending a certificate of enrolment — evidence that the applicant has been enrolled by the new education provider.

8534
The holder will not be entitled to be granted a substantive visa, other than:
(a) a protection visa; or

(b) a student visa the application for which must be made on form 157P or 157P (Internet); or

(c) a Subclass 497 (Graduate — Skilled) visa; or

(d) a Subclass 580 (Student Guardian) visa;
while the holder remains in Australia

8535
The holder will not be entitled to be granted a substantive visa, other than:
(a) a protection visa; or

(b) a student visa the application for which must be made on form 157P or 157P (Internet); or

(c) a Student (Temporary) (Class TU) visa that is granted to an applicant who satisfies the criterion in clause 570.230, 571.229, 572.229, 573.229, 574.229, 575.229, 576.227 or 580.229 of Schedule 2;
while the holder remains in Australia.

8536
The holder must not discontinue, or deviate from, the professional development program in relation to which the visa was granted.

8537
(1) While the nominating student (within the meaning of Part 580 of Schedule 2) in relation to the holder is in Australia, the holder must reside in Australia.

(2) While the holder is in Australia, the holder must:
(a) stay with the nominating student (within the meaning of Part 580 of Schedule 2) in relation to the holder; and
(b) provide appropriate accommodation and support for the nominating student; and
(c) provide for the general welfare of the nominating student.

8526
The holder must notify the Secretary in writing, not earlier than 7 days before the day the visa ceases to be in effect, and not later than that day, of the holder’s place of residence in Australia by posting the notification to the Central Office of Immigration in the Australian Capital Territory.

8506
The holder must notify Immigration at least 2 working days in advance of any change in the holder’s address.

 

Contact Professional Visa and Migration Consultant  in Sydney on 0404 011 560 to know more about visa conditions. Benefit from our experience. 

Source: DIAC