“What does the no further stay condition attached to my Thai partner’s Visitor visa exactly mean?”
The No Further Stay Condition
The most general no further stay condition is Condition 8503. For several Australian visas the no further stay condition is either mandatory or applied in most cases, and it must be attached as a condition of that visa granted. For other visas the decision maker has discretion whether or not to attach the condition.
Tourist visa / Visitor visa
If your Thai partner has been issued a Tourist visa / Visitor visa then it is highly likely that she will have the condition ‘no further stay’ 8503 attached to her visa.
Where a decision-maker has the discretion to attach the no further stay condition, it is generally done so where the decision maker has some residual concerns that the applicant may not be intending to visit Australia as a genuine visitor only, yet there is no compelling evidence to suggest that she does not have a genuine intention.
When your girlfriend was issued her Tourist visa / Visitor visa the letter also included the conditions which were attached to her visa. Some of the conditions may also include that she must not work whilst in Australia, or engage in any study for more than three months.
Australia has started to not place visa labels in passports, and as such all of the visa information pertaining to your girlfriend’s visas is now stored electronically on the Department of Immigration and Border Protection (DIBP) / Department of Foreign Affairs and Trade (DFAT) mainframe. It is however recommended to always carry the letter with you when travelling.
The significance of the no further stay condition, when attached to a visa, is that your girlfriend, partner, spouse, or fiance is prevented from applying for any other visa whilst she remains in Australia. She therefore must depart Australia if she intends to then apply for a further Australian visa. This includes Visitor visas / Tourist visas, and all types of Partner visas.
Waiver of the No Further Stay Condition
In exceptional circumstances the no further stay condition may be waived. The circumstances in which DIBP might waive a ‘No Further Stay’ condition are:
‘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, (and)
*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.’
However, the statistics indicate that waivers are very rarely granted. So if you have a no further stay condition attached to your visa you will almost certainly have to depart Australia before you can apply for another visa.
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