Many individuals holding non permanent visas for Australia are stunned to find that their visa is topic to Situation 8503, often known as the “No Additional Keep” situation. This situation restricts a visa holder from being entitled to be granted a substantive visa whereas in Australia, aside from a Safety visa. The place a visa holder’s circumstances change since final getting into Australia, it could be attainable to request a waiver of Situation 8503 in restricted circumstances.
What’s Situation 8503?
Situation 8503 (“No Additional Keep”) is a visa situation imposed by the Division of House Affairs. It signifies that if you are in Australia, you can not apply for an additional visa, even when your present visa has ceased, besides in very restricted circumstances (akin to making use of for a Safety visa).
Situation 8503 exists to stop visa holders from extending their keep by making use of for additional visas from inside Australia. It’s usually a discretionary situation usually connected to Customer visas, Scholar visas, or different non permanent visas. It’s a obligatory situation for sure functions, akin to numerous streams of the Customer visa (together with the sponsored household stream).
If Situation 8503 applies to your present visa, and also you attempt to apply for an additional substantive visa, it might be deemed invalid (i.e. no utility is made). In such a case, you should depart Australia earlier than making use of for a brand new visa. Nonetheless, in sure instances, the Division might conform to waive the situation.
You possibly can examine whether or not your visa is topic to Situation 8503 by reviewing your visa grant letter, which lists all circumstances, or through the use of the Division’s Visa Entitlement Verification On-line (VEVO) service. If “No Additional Keep – 8503” is proven, the situation applies to you.
Can Situation 8503 Be Waived?
A waiver of Situation 8503 could also be granted, however provided that strict necessities are met. The Division might think about a waiver if compelling and compassionate circumstances have arisen since your visa was granted, and people circumstances:
- had been past your management; and
- resulted in a significant change to your circumstances.
Examples may embrace severe sickness, loss of life or severe harm in your speedy household, a pure catastrophe in your house nation, battle or extreme civil unrest in your house nation, or important adjustments in your private scenario that would not have been anticipated.
It’s essential to notice that even when Situation 8503 is waived, this doesn’t assure {that a} new visa will likely be granted. It’s essential to nonetheless meet all eligibility necessities for the visa you plan to use for.
The Division may additionally waive situation 8503 in case you have a real intention to use for:
- A Normal Expert Migration (GSM) visa – such because the Subclass 189, 190 or 491;
- An Employer Nomination Scheme (ENS) Subclass 186 visa;
- A Everlasting Residence (Expert Regional) Subclass 191 visa;
- A Expertise in Demand (SID) Subclass 482 visa; or
- A Expert Employer Sponsored Regional (SESR) Subclass 494 visa.
How Can I Apply for a Waiver of Situation 8503?
If you’re in search of to use for an additional visa in Australia and your visa is topic to Situation 8503, you should:
2. Present robust supporting proof
Present robust supporting proof of the unexpected and compelling circumstances (e.g., medical data, loss of life certificates, or different official paperwork).
If a waiver is granted, you’ll be able to then apply for the specified visa. Nonetheless, if the waiver request is refused, you’ll normally want to go away Australia earlier than making use of for an additional visa. A refusal just isn’t merits-reviewable, although in restricted instances, judicial overview to the court docket could also be attainable.
Do you require additional help?
At Hannan Tew Legal professionals, we have now important expertise with advising on, getting ready and lodging Situation 8503 waiver requests. If you’re or somebody you characterize is topic to Situation 8503 and must discover whether or not a waiver is feasible, please get in contact with our skilled group. Contact us by electronic mail at [email protected] or by telephone at +61 3 9016 0484.
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