The no further stay condition

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 mandatory, 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.

 

 

Sponsored family visitor visa

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If your Thai partner is the holder of a sponsored family visitor visa then this condition will certainly be attached to that visa as there is no absolutely no discretion available to the decision maker to not impose it.

 

Tourist visa

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If your Thai partner has been issued a tourist visa then it is quite possible that she may not have the condition attached to her tourist 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 not compelling evidence to suggest that she does not have a genuine intention.

 

When you girlfriend was issued her tourist visa she would have received a letter that stated the conditions which were attached to her tourist 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.

 

Visa labels

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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 Citizenships (DIAC) 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 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 tourist visa extensions too.

In exceptional circumstances beyond the control of the visa holder the no further stay condition may be waived.

 

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