Many individuals holding short-term visas for Australia are shocked to find that their visa is topic to Situation 8503, also called the “No Additional Keep” situation. This situation restricts a visa holder from being entitled to be granted a substantive visa whereas in Australia, apart from a Safety visa. The place a visa holder’s circumstances change since final coming into Australia, it could be doable 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 Residence Affairs. It signifies that if you are in Australia, you can not apply for one more visa, even when your present visa has ceased, besides in very restricted circumstances (corresponding to making use of for a Safety visa).
Situation 8503 exists to forestall visa holders from extending their keep by making use of for additional visas from inside Australia. It’s usually a discretionary situation typically hooked up to Customer visas, Scholar visas, or different short-term visas. It’s a necessary situation for sure purposes, corresponding to varied 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 one more substantive visa, it might be deemed invalid (i.e. no software is made). In such a case, you should depart Australia earlier than making use of for a brand new visa. Nonetheless, in sure circumstances, the Division might conform to waive the situation.
You possibly can test whether or not your visa is topic to Situation 8503 by reviewing your visa grant letter, which lists all situations, or by utilizing 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 contemplate 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 embody critical sickness, loss of life or critical damage in your speedy household, a pure catastrophe in your house nation, conflict or extreme civil unrest in your house nation, or important adjustments in your private scenario that might not have been anticipated.
It’s essential to notice that even when Situation 8503 is waived, this doesn’t assure {that a} new visa might be granted. You could nonetheless meet all eligibility necessities for the visa you propose to use for.
The Division can also waive situation 8503 when you have a real intention to use for:
- A Common 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 Abilities 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 searching for 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 possibly can then apply for the specified visa. Nonetheless, if the waiver request is refused, you’ll often want to depart Australia earlier than making use of for one more visa. A refusal is just not merits-reviewable, although in restricted circumstances, judicial overview to the court docket could also be doable.
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 signify is topic to Situation 8503 and must discover whether or not a waiver is feasible, please get in contact with our skilled workforce. Contact us by e-mail at [email protected] or by telephone at +61 3 9016 0484.
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