The No Further Stay Condition

The No Further Stay Condition

The no further stay condition is sometimes written as NFS, or condition 8503—’No Further Stay’.

If this condition has been imposed on your Thai girlfriend or Australian Partner Visa it means that he or she cannot apply for another visa (other than a protection visa, or a temporary visa) to extend their stay while in Australia.

The first thing to do check is whether the ‘No further Stay Condition’ is attached to their current visa. This will be on visible on the visa label (in the passport) as ‘Condition 8503′.

What Visa Is Condition 8503 Imposed On?

Condition 8503 can be imposed on many Visitor and Temporary Residence visas.

However, condition 8503 is a mandatory condition of the following visas:

  • Sponsored Family Visitor visa (subclass 679).
  • Tourist visa (subclass 676) granted under the Approved Destination Status scheme operating out of the People’s Republic of China.
  • Sponsored Business Visitor visa (subclass 459) if the application was made before 1 July 2006.
  • Professional Development visa (subclass 470).
  • Work and Holiday visa (subclass 462) if you have previously held two subclass 462 visas.

The No Further Stay Condition automatically means that the applicant must travel offshore to apply for any other visa.

(This can be anywhere, except Australia.)

So, if your girlfriend does have the No Further Stay Condition, it’s fair to say that she will have to leave Australia before she can apply for another visa.

If the No further Stay Condition is not attached to her visa label, then you have a few more options open to you, in terms of applying for subsequent visas. Two of these are:

The E676 Tourist visa and The Subclass 676 Tourist visa.

The E676 Tourist Visa

If your Thai girlfriend wants to stay in Australia for three months or less, she can apply online for an E676 tourist visa. It is still important that she can satisfy the ‘genuine visitor criteria’ as outlined by DIAC, but it can be applied of online (through the DIAC website.)

While she is waiting for her visa to be processed, she will be given a ‘bridging visa’ which allows her to stay in Australia.

If this is for longer than three months, a chest x-ray will be required because Thailand is considered to be a high-risk country for Tuberculosis (TB). However, DIAC will inform you of this, plus all the other documentation that might be required after she applies online.

Subclass 676 Tourist Visa

If your girlfriend or partner wants to stay for longer than three months, and she doesn’t have the No Further Stay Condition, then she can apply for a Subclass 676 Tourist Visa.

In order to submit this, she will need to fill out a paper application and submit it to the nearest DIAC office. A chest x-ray will again be required.

After this is done, she will be given a bridging visa which allows her to stay in Australia for the duration of processing. She will then obtain her onshore tourist visa.

For more advice on the chest x-ray and other health requirements, please see our article on the Australian Partner Visa Health Criteria.

No Further Stay: Sponsored Family Visa

As we have already discussed, the most common no further stay condition is Condition 8503. For some Australian visas this condition is mandatory, that is, it must be attached as a condition of the visa grant. (For other visas the decision maker has discretion to attach the no further stay condition or not.) If your Thai girlfriend has been granted a sponsored family visitor visa then this condition will definitely be attached to her visa as there is no discretion to not impose it.

No further Stay: Tourist Visa

If your Thai girlfriend has been granted a tourist visa then she may or may not have the condition attached to her tourist visa.

If it is attached, it is usually done so where the decision maker has some residual concerns that the applicant is not intending to visit Australia as a genuine visitor yet there is not enough evidence to suggest this assumption is 100% correct.

Other Conditions

When you girlfriend was granted her tourist visa she would have been given a letter which states all the conditions attached to her visa.

Other conditions will include that she must not work or study in Australia for more than three months.

Australia has moved away from placing visa labels in passports, and instead the visa is stored electronically on the Department of Immigration and Citizenship (DIAC) database. It is always advisable that your girlfriend or partner carries this letter with them when they travel.

The no further stay condition if attached to your girlfriends visa means that she cannot apply for any other visa in Australia. That is, she must depart Australia if she wants to apply for another visa. This is also true for tourist visa extensions as well. Applying for an extension is not always a simple procedure, and the successful grant of an extension can depend on a numerous things.

Waiving The No Further Stay Condition

In some exceptional cases the No further Stay Condition can be waived, but this is the exception rather than the norm.

In very limited circumstances the no further stay condition can be waived, but an application to have the condition waived must be done well before the tourist visa is due to expire.

The no further stay condition is usually only waived where compelling circumstances has arisen since the grant of the visa with the no further stay condition attached.

If the no further condition is waived then the applicant would be entitled to apply for another visa in Australia. They should be aware however that they will still need to satisfy the criteria for the visa they are applying for, and there is no guarantee that visa will be granted, and even if it is granted it too may have the no further stay condition attached.

Click here for more on which Australian visa to apply for.

If you’d like more visa advice, including more information on the No Further Stay Condition, why not drop us a line:

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On March 30, 2012, posted in: Visa Advice by
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