Some Relief On Condition 8503 (No Further Stay)


Following on from the last point, one could come to Australia with a no further stay visa but still be able to apply for a GSM visa because of the relief from 8503 (no further stay).  The ‘Work & Holiday’ visas from ‘difficult countries could be useful in this regard.

One ground for waiving 8503 is the following:

Reg 2.05

(4AA)   For subsection 41 (2A) of the Act….., a further circumstance in which the Minister may waive condition 8503 in relation to a visa is that the holder of the visa has a genuine intention to apply for:

            (a)       a General Skilled Migration visa; or

            (b)       a Subclass 132 (Business Talent) visa; or

            (c)        a Subclass 186 (Employer Nomination Scheme) visa; or

            (d)       a Subclass 187 (Regional Sponsored Migration Scheme) visa; or

            (e)        a Subclass 188 (Business Innovation and Investment (Provisional)) visa.

A similar provision applies to condition 8534 (can’t apply for further visas)

Barbara Davidson