Why Divorce Rate in Australia been increasing for years?

Lawyers see a 40% increase Divorce Rate in Australia has been constant for years – but this year it is on the move. Corona divorces have been causing a rush to court since this summer; delays are to be expected. It is no secret to anyone that a considerable percentage of marriages end in divorce Qld. But really, how many marriages end in divorce? Below we publish the rate of divorces according to official data from the last 10 years, and we compare them with other countries.

In our country, in the last decade, the average age at which men marry for the first time has been 35 years, in the case of women, the average age is already 33. Regarding the number of marriages, in Australia, the average for the last decade is about 165,000 marriages a year. Do you want to know how many of them fail? Let’s see why they fail and what percentage of divorces there is in Australia.

According to the latest data published in Australia in 2020, there were 97,960 divorces. Looking at the duration of the marriage, it turns out that there were 240 divorces whose marriage had lasted less than one year. If we expand the time range, there were 1,571 divorces from weddings that had been less than two years old. And if we grow a little more that year, there were 2,782 divorces from couples who had been married for less than 3 years.

Therefore we see that most marriages do not fail in the first years, but naturally, life as a couple can go through difficult times, some factors such as the ones we have mentioned can lead to divorce or love may end.

What percentage of marriages end in divorce?

While the new figures from Statistics Australia  2019 show an around 47% standard for Australia divorce rate, this year it will be exciting: 2020 is already a year of divorce. Summer is an extreme time for a divorce in Brisbane. But this summer we registered an increase in the divorce rate in Australia by another 30 percent.

Social isolation exposed affairs

Estimates that 80 percent of marriages fail because of cheating. “As has been shown, affairs quickly break out during mutual social isolation. Because today a lot of evidence is digital – for example, photos on the cell phone or WhatsApp messages. During the Corona period, some people became careless, practically cheated in front of their partner, and then left their cell phone lying around unlocked.

Definition and Requirements of a Consensual Divorce Brisbane

A divorce does not have to be a reason for the spouses to part ways in a war of roses. If both spouses want a divorce, and there are no disputes on any other divorce-related issue, a consensual divorce is an option. The term of the consensual divorce is no longer anchored in law, but instead describes certain circumstances that can arise in the context of a typical divorce Qld.

In addition to the general requirements for divorce, such as waiting for the year of separation according to the Australian  Civil Code (exception: lightning divorce), the spouses must agree on the consequences of the divorce in the event of mutual divorce.
Also includes:

• The custody and access rights for the children
• The maintenance
• The dissolution of the household effects
• The division of property

The consent must be evident from the application for divorce. The appointed divorce lawyer takes care of this and applies it to the competent court.

Why do divorces occur?

No one said marriage was easy, and many factors can lead to failure. From the outset, it isn’t easy to get it right when choosing a person with whom you are going to share the rest of your life. Then there are the circumstances, for example, if economic, health, family problems, mistreatment, or infidelity arise.

As if all this weren’t enough to shake expectations, having children will be the ultimate stress test. Many people do not accept the fact of taking a back seat, or the sacrifices that parenthood implies, or they feel that their partner has changed and is not the same.

Increasing Divorce Rate In Australia

Costs and Savings in a Friendly Divorce Brisbane

The typical cost of a divorce consists of legal and court costs. The amount of both fees is based on the so-called procedural value, which depends on the income and assets of the spouses. A general figure is therefore not possible. Court costs are only incurred for the consequences of the divorce, about which the court has to act.

Usually, each spouse pays their own lawyer’s costs plus half the court costs. In this case, the 50% sharing of the legal fees should be contractually agreed in advance utilising a cost-sharing agreement between the spouses.

If this is the case, each spouse only pays half of the costs otherwise incurred. If you want to get a divorce from Brisbane, you shouldn’t be afraid of the divorce costs. If the financial means are not sufficient for a divorce Qld, the court and legal expenses will be covered by the state – and the chances of this are good.

Process and Duration of an Amicable Divorce

The process of mutual divorce is no different from regular divorce proceedings:

• After the end of the year of separation, applying for divorce at the court. Only a lawyer is authorised to do so because of the compulsory lawyer.
• Payment of advance court costs for the court to act.
• Service of the application for divorce to the other spouse (respondent) by the court.
• Unless previously excluded: pension adjustment. This happens automatically if the marriage has lasted at least three years. In the case of shorter marriages, the spouses must apply for it to be carried out.
• Divorce date and divorce decision in court, at which both spouses must be present.

With the increasing divorce rate in Australia, the length of the divorce proceedings always depends on how many disputes exist between the parties, and how overloaded the courts are. In contrast to a contentious process, the court does not have to deal with the disputed consequences of the divorce, so that the duration of the proceedings is significantly reduced.

• An amicable divorce without the implementation of the pension adjustment can be completed after approx. 2-3 months.
• If the amicable divorce is carried out with equalisation of benefits, it is more likely to take about 6-12 months.

Pros and Cons of a Friendly Divorce

As stated earlier, a friendly divorce has advantages and disadvantages.

Benefits:

• Cost savings :
  1. Only one lawyer needs to be hired. With a corresponding sharing agreement between the spouses, this results in a reduction in legal fees by half.
  2. There are no court costs for settling the consequences of a divorce if the parties have already agreed on this out of court.

• Time-saving:
  1. The separation period of at least one year instead of three is sufficient to assume that the marriage will break down.
  2. A single court appointment is usually sufficient, as there are no disputes about the consequences of divorce, and there are no corresponding judicial negotiations.

• Disadvantage:
  1. If only one lawyer is hired: Only the partner who has hired the lawyer will be represented by a lawyer. Counseling for both spouses is only possible if the mutual interests of the spouses are balanced, i.e. with the full agreement of the spouses.
  2. The spouse without their lawyer is mainly incapable of acting in court because of the compulsory lawyer.

This risk can always be avoided if each spouse engages his or her lawyer despite the mutual agreement. You then have to bear the full legal fees – but you can be sure that you have received good advice and that fair arrangements have been made. The cost savings in terms of court costs, as well as the accelerated process flow, then remain with the parties where the divorce rate in Australia is increasing.

Expert Brisbane divorce lawyer

If you are interested in the percentage of divorces in Australia because yours is going through difficult times, our recommendation is to seek advice as soon as possible. In this way, reliable and personalised information is available. In this way, many fears and uncertainties are avoided, you will know what the costs are and the procedures that must be carried out.

Increasing divorce rate Australia Aylward Game Solicitors has offices in Brisbane, Gold Coast, Sunshine Coast, Australia. You have to call 1800 217 217 (Free),07 3236 0001 or send the following email mail@aylwardgame.com.au for divorce in Brisbane. Our expert divorce attorneys will be happy to assess your case and offer you all the advice you need.

Frequently Ask Question 

What is the divorce rate in Australia?

Lawyers see a 40% increase in Divorce Rate in Australia.

Which judge is competent?

In principle, the competent judge is the Family Judge of the place of residence of the family.

Who can sue for divorce?

Only the spouses can act in divorce. The couple’s children or third parties cannot work in a spouse’s place, even if the latter dies during the procedure.

How to legally define divorce, Brisbane?

Divorce is a dissolution of marriage, pronounced by the judge, at the request of the spouses or of one of them, in the cases provided for by law. Divorce is not the nullity, that is to say, the retroactive destruction of the marriage, declared by the judge in the event of failure of a condition of marriage formation.

Is the assistance of a lawyer compulsory?

Yes, the assistance of a lawyer is compulsory for a divorce.

• More information on “Divorce Rate in Australia.”

Article Source: Divorce Rate Australia

Who’s Your Daddy? DNA Testing In Court!!

DNA testing in Court: The question of a child’s paternity is a matter that commonly arises in Family Law disputes. Refusing to participate in a court-ordered DNA test is held to be a deemed failure of the test that results in a finding that the man is the father.

While a simple DNA test can shed light on the identity of a child’s biological father, there are of course other issues that need to be considered, including the payment of child support to the child’s mother.

If you discover that you have paid child support to a mother, and have subsequently found out that you are not the child’s biological father, the law allows you to apply to the Court for the child’s mother to repay those child support payments to you.

The first step will be obtaining a Court approved paternity test to show that you are not the biological father of the child. If you are unable to carry out a paternity test, this does not prevent you from making an application to the Court, however, you will then need to ask the Court to make an order that the paternity test is carried out.

DNA Sample

If you can obtain the necessary DNA sample and it is confirmed that you are not the biological parent, you will then need to urgently apply for an order for a declaration that you should not be assessed in respect of the costs of the child, and also a repayment order for any child support paid to date.

When considering your application, there are a number of factors the Court will take into account, such as:

• Whether the payee or payer knew or suspected, or should reasonably have known or suspected, that the payer was not a parent of the child. If she knew and didn’t tell you it will assist your position. If you suspected you were not the Father or arguably had good grounds to suspect you were not but did nothing about it, it will not help your position.
• Whether the payee or the payer engaged in any conduct (by act or omission) that directly or indirectly resulted in the application for administrative assessment of child support for the child being accepted by the Registrar. Basically, the circumstances in which the application to the CSA was made and accepted are considered by the Court. It may or may not affect the Courts view.
• Whether there was any delay by the payer in applying to the Court for a declaration once he or she knew, or should reasonably have known, that he or she was not a parent of the child. This is key, delay on your part in acting once you have suspicion or knowledge will count against you.
• Whether there is any other child support that is, or may become, payable to the payee for the child by the person who is a parent of the child. The Court will consider whether there is any prospect of child support being paid by anyone else.
• The relationship between the payer and the child and,
• The financial circumstances of the payee and payer.

As soon as you become aware that you may not be the biological father of the child, it is imperative that you seek legal advice and take steps as a matter of urgency. Ultimately, learning as much as you can about court-ordered DNA tests helps you to follow the required steps appropriately.

 

These types of applications can be complex in nature. If you are contemplating making an application, or have concerns about someone else bringing an application against you, we strongly recommend that you seek legal advice. Our Brisbane Family Law team at Aylward Game Solicitors has experience in matters of this nature. We offer free 20-minute telephone consultations and invite you to call our office at any time on 1800 217 217.

Article Source: Court-Ordered DNA Test

Child Custody Law in Australia

The divorce has a direct effect on children. They have to live with either one of them. When the parents are together, they raise their children with combined efforts. And it is for sure that the parents love their children. So, who gets to keep the child or children after divorce? In this article, we will explain to you the working of child custody laws in Australia.

Parental responsibility:

The parental responsibility points to the responsibilities of the parents who have a child, either born or legally adopted. According to the Family law act, 1975 section 61C each parent having a child under 18 years has equal responsibilities for those children. But one of them can be restricted by the court according to section 61D. The separated parents can seek “sole custody” to restrict the access of the other parent.

https://www.legislation.gov.au/Details/C2017C00385

In section 61B, the powers, duties, and responsibilities of the parents related to the child are defined. According to that act the power and responsibilities of the parents are:

• The decision about their education, religion, and environment.
• Take reasonable decisions about the relationship with the child.
• Allow the children to be adopted.
• Apply for a visa or a passport.
• Do legal proceedings for the children

Equal responsibility:

According to the family act the parents share equal responsibilities for their children who are under 18 years of age. So, when giving a parenting order the court presumes that this shared responsibility is in the best of the child. Section 60CC gives the best direction to the court in understanding the best interest of the child.

If the court finds any evidence that the child is being harmed or the behavior of one parent is irresponsible, then according to section 60CG the court can refuse the responsibilities and the powers of that parent.

The term equal shared parenting only relates to allocation. It does not state that both parents will have to spend equal time with the child. The sole custody is given to one parent depending on different aspects. For instance, one parent is given custody of the child if he or she is involved in the education and the religion of the child. But parenting can be shared in other matters.

The parenting orders:

Usually, a separated or divorced couple cannot decide about parenting the child. So, they can seek help from the family court. The parenting orders are given by the court after hearing from the parents. This order is given only after they attend a Family Dispute Resolution where a mediator tries to bring them to an agreement. This parenting order is different from the consent order. It is a written agreement that is submitted to the court.

This will help them to know to parent their child after parenting. Each parent will fulfill their responsibility for each child until the court order is changed. When the court gives any order regarding shared parenting the time that is spent with the child is not fixed.

Sole child custody in Australia:

Before 1995 the parent could ask the court for sole parenting if they did not want their previous partner to meet their child or children. But this is not the case anymore. The family law system has changed. According to the Act, a parent may ask the court for sole parental responsibility which is similar to sole custody. The court will give this order only if they find that shared responsibility will not be in favor of the child.

The responsibility given to one parent by this rule are:

• They will be responsible for some or all the areas of their child’s life. In any decision, they will not have to consult their previous partner.
• The child or children will live only with one parent.
• The other parent will have limited access to the child. He or she will not be allowed to meet the child if the child will be exposed to danger.
• Even if the child is in danger in the presence of a parent, that parent can apply for an order of supervised contact. This order includes grandparents and other family members.

How to get custody of the child?

When making any parenting orders the court must consider that the child should not be exposed to violence. It is mentioned in the Act section 61DA (2-14). According to section 60CF, the child’s best interest is the priority to protect the child from the violence of any of the parents. Any person can also report such violence to the court. The person does not need to be a part of the family.

The court tries to give an order which is in the best interest of the child. It can also change decisions depending on the situation. This order includes the sole parenting responsibility. Which states that one parent has full decision power over the children. The major effect of this order is that the responsible parent does not need to consult the other parent in making any decisions about the children.

If the children are at threat in the presence of the other parent the responsible parent can apply to vary the parenting order appropriately to the court. This can be applied even after the initial parenting order is declared.

If a parent needs to apply for sole parenting or sole custody, he or she will give a complete report to the court which will contain all the matters relevant to the irresponsible behavior of the other parent. It can include the police reports or the statements of different witnesses. Any evidence that shared parenting can create more problems for the child or children. The health of the parent either physically or mentally is also an important factor.

To apply these child custody laws in Australia you should contact a good team of lawyers like Aylward games. They can properly implement this process. Apply for an appointment and understand the child custody laws in a family-friendly environment. Aylward games have the best lawyers about child custody in QLD.

How do you lose custody of a child?

You can lose custody of a child or children depending on many factors. Here are a few of them:

•       Not giving enough care to the child
•       Abusing the child physically
•       Abusing him or her mentally or emotionally
•       Domestic violence also has its effect
•       Stop using alcohol or drugs in from of them
•       Child’s unwillingness to live with you

To keep the child in your custody, try to spend enough time with him or her. Don’t let yourself feel emotionally sick. Loneliness is not good for them.

Conclusion:

Every parent has the right to take good care of their children. But sometimes some of them can lack interest in raising the child. In this case, the other parent should apply for sole parenting. A child should not be raised in the wrong environment. If there is violence or abuse in the environment the shared parenting cannot be a good option. So, the decisions should always be for the best interest of the child or children. Aylward Game is always here to help you. They have the best child custody lawyers. For the best future for your child go and contact Aylward games.

Frequently asked questions:

There are many questions about child custody. To clear the confusion, we have tried to answer the most common of them.

When a child can choose between the parents?

There is not a specific age for this decision. They can choose who they want to live with, or if they want to see the other parent or not. A child is a minor until they turn 18.

Do I have the right to know about the environment of my child?

Each parent has the right to know about the environment of the child. They can also ask if the child is left with babysitters or friends when the other parent is not around. The visiting schedules can be changed with the change in the age of children.

Should I tell the court about family violence?

Yes, you should tell the court about any family violence. You should submit a copy of any family violence orders as it can affect the order of the court.

How to prove to the court that I am a better parent?

You should be physically caring. And you should have a good emotional relationship with the child.

Article Source: Child Custody Laws Australia

SETTLEMENT FIGURES & ADJUSTMENTS – HOW ARE THEY CALCULATED

 

SETTLEMENT FIGURES & ADJUSTMENTS – HOW ARE THEY CALCULATED

Quite often Buyers can become confused when looking at settlement figures leading up to settlement and often question how adjustments and figures are calculated. It is quite common for Buyers to misunderstand settlement figures and are often concerned that they are paying for the Seller’s overdue rates or water notices. Settlement figures and adjustments calculation are often confusing and the subject of inquiry from vendors and purchasers alike. They are tricky to navigate and generally take time to understand.

Settlement Figures – what are they?

Settlement figures are a breakdown of monies to be handed over at settlement. Normally, the seller would pay for any expenses or collect any rent until settlement and the buyer would pay any expenses and is entitled to collect rent paid after settlement.
The standard conditions of a contract will provide for any adjustments that need to be made.
Settlement adjustments allow both the seller and buyer to compensate one another for any expenses that have been paid or are in arrears during the period before and after settlement.

Let’s look at some common adjustments…

Rates, water access charges, and body corporate levies are common outgoings that are adjusted at settlement. For example – a property is due to settle on 1 February. The seller has already paid council rates for the quarter until 31 March 2018. An adjustment would be made so that buyer would pay more at settlement to compensate the seller for the rates they have paid until the end of the quarter. The buyer would be responsible to pay their portion of the rates from the settlement date until the end of the quarter.

Water Consumption calculations are adjusted depending on where the property is located. Some councils include water consumption as part of the rates, whereas other councils use a third party for water consumption charges such as Urban Utilities or Unity Water. The seller is responsible to pay for all water access and consumption charges up to settlement.
The buyer is also required to order a Special Water Meter read which will allow them to calculate the water usage and charges payable by the seller up to settlement. This amount will be deducted from the total amount the buyer is to pay at settlement by way of adjustment.

Seller’s release fee – If a seller has a mortgage on the property, the Land Titles Office will charge a fee for the release of this mortgage, prior to registration of new ownership.
The seller will compensate the buyer for this favor by way of an adjustment at settlement.

Another common question asked by a buyer is what happens to electricity at settlement? Electricity is not adjusted between the parties. The seller is responsible to cancel their account and pay the balance of electricity used and the buyer is responsible for opening a new electricity account. The seller remains liable to pay for any electricity used if the account is unpaid or not canceled by settlement, hence the reason electricity is not adjusted.

For more information on settlement figures and adjustments, for a lawyer for this issue please contact us.

Article Source: unity water settlement

COMMERCIAL & BUSINESS LAW

Buying and Selling Commercial Real Estate

This process takes many forms due to differences and restrictions on the potential use of your commercial property as well as location, and cultural significance. This makes it essential to ensure that your interests are catered for in the contract terms and conditions. (Commercial & Business Law)

Here at Aylward Game Solicitors, we will help you in the preparation of the following documents that are needed in all contracts.

• Standard form REIQ commercial land and building contracts with tailored special conditions to suit your requirements.
• Special purpose property contracts.
• Development contracts for the proposed acquisition of properties for either development or subdivision.
• Off-the-plan contracts for the sale of your future property
• Put & Call Options and Master Put & Call Options
• Contracts where part of the purchase price is funded by an array of vendor finance arrangements.
• Commercial leases that include Retail Shop leases

Commercial leases (for landlords and tenants) including Retail Shop leases

We have the knowledge and experience in leasing transaction requirements hence we will help you in case you are the landlord, tenant, or assignee as well as on your commercial, industrial, and retail properties.

RESIDENTIAL CONVEYANCING

Residential Conveyancing Expertise

We, at Aylward Game Solicitors,  will provide you with the necessary legal advice and services that relate to your residential conveyancing requirements including preparing contracts and contract special conditions.

This is because property conveyancing transactions generate complex rights and obligations that affect the parties involved and have adverse effects if they are not taken into serious consideration. Aylward Game Solicitors will help you in the protection of your rights and obligations.

Legal Experts in Brisbane Conveyancing

Founder Mark Game, Conveyancing expert in Brisbane, experienced in a wide range of conveyancing issues that include selling and buying of existing houses, residential units and townhouses. They also deal with new houses and the purchase of property within a self-managed superannuation fund.

 

They will advise you on the advantages of the self-managed superannuation fund and the penalties associated with non-compliance. They will also ensure that you undertake your transactions correctly so that you can enjoy the advantages of using the funds fully.

Finally, we at Aylward Game Solicitors are obliged to ensure your transactions are documented properly using the right documents before being stamped, and ensure that the ownership of properties is registered to the right entities.

SMSF PROPERTY

Buying Property within a Self Managed Superannuation Fund

There is a marked increase in the number of investment properties being purchased within a Self-Managed Superannuation Fund, and there can be many advantages to utilizing this structure.

However, the penalties for non-compliance with the Superannuation Industry Supervision Act can be very significant. It is vital to ensure that these transactions are undertaken correctly, otherwise, the tax advantages of using this structure may be lost.

Looking to Find A Conveyancer in Brisbane?

We have experience in all areas of Property-Law in Brisbane including Property Contract Termination to ensure that these transactions are properly documented, the right documents are properly stamped and the right entities are registered as owners of the property.

Contractual Arrangements

Dealing with contractual arrangements and agreements

Shareholders, partners, and co-operators may enter into a contract to agree on their needs or wishes before leaving or establishing the business law. They may arrange independent contractor arrangements, consultancy agreements, agreements with customers, service providers, and suppliers or employment contracts. Documenting what has been agreed between you and your business partners is very important to properly secure both of your rights and interests as well as prevent misunderstanding in the future.

Aylward Game Solicitors can provide straight-forward and practical assistance in arranging these basic contracts:

• Partnership agreement for individuals creating a partnership
• Shareholder agreement for a particular company
• Employment agreements between the employer and all salaried staff
• The standard form of Terms of Trade or Supply Agreement between the company and suppliers that provide services and products to them or their customers
• Special purpose contracts entered into by parties due to unusual circumstances.

Franchise Agreements

Aylward Game Solicitors can assist you to prepare a Franchise Agreement, acquire or set up a new or existing franchise business law and understand the consequence of a transaction you’ve just entered into, including:

• The effect of paying the upfront costs to the franchisor
• Ongoing cost and expenses of the franchise and the terms to increase or change them
• Restrictions of the business law operations
• Selling and assigning franchising rights
• Cost and liability of transferring a franchise
• Leasing business premises or getting a license to occupy the franchisor’s premises

Trusts & Corporate

In building and starting your business operation, the impeccable service of Aylward Game Solicitors can help you develop the best structure. They guide clients in carefully thinking and considering their individual circumstances and the means to be used in operating their business.

Article Source: COMMERCIAL & BUSINESS LAW

Early Superannuation Access – How To Exercise Your Rights

In the wake of the recent COVID-19 pandemic, the Government has allowed early access to superannuation funds for certain groups of people and traders. Although the early access prescription appears easy to follow, there can be cases that fall on the eligibility borderline. The scales weigh more on the side of eligibility rather than the ineligibility side of early access for the applicant. The simple consequence of this misinterpretation could risk an eligible applicant becoming an ineligible one.

What did the Government say?

The Government would allow early access to the super funds by those affected by the COVID-19 crisis. Basically, an eligible super funds member can withdraw $10,000.00 this financial year which ends on 30 June 2020, and another $10,000.00 next financial year which starts as of 1 July 2020. This is tax-free the Government said. The measure is designed to address the existing hardship on the eligible individuals and traders to whom this new ruling would apply.

I am currently employed but my wife has been made redundant. Can we both
apply for early access to our super funds?

If you are still working and it is only your wife who has been made redundant after 1 January 2020, then your wife can only exercise her right of early access to her super funds. To become eligible, she needs to show that either:

(a) as an individual, she was made redundant by her employer, or her working hours reduced by 20% or more; or

(b) as a sole trader, her business has suffered a 20% or more reduction in her turnover.

I am unemployed but receive a job seeker payment. Can I still apply for early access to my super funds?

Yes, you can.

I receive a youth allowance for job seekers. I have not many funds left in my super. Can I still apply for early access, or do I need to have a minimum available in my super funds?

Yes, you can. So far the Government has not set a benchmark for the available funds in a super account. The Government has however defined the maximum that can be withdrawn from the super funds in this and next financial year.

I currently receive parenting and some other special payments from Centrelink, can I still apply for early access to my super funds?

Providing you meet the individual, or, the sole trader tests above, yes you can.

Having read your article here, I now know that I am eligible to have early access to my super funds, how do I do it?

Applications are to the ATO via the MyGov website. The process is pretty simple. The ATO will verify the applicant, assess the application, record the bank account details, and make a decision. The ATO will then direct the nominated fund to release the requested amount to the bank account specified by the member. It is essential to know is that the member does not need to contact his/her super funds at all in the process.

Just so I could educate myself, what is the total amount that this scheme will
allow to be accessed from the super funds, and how much more will be left in the super after?

According to the Government, it is estimated that around $27 billion funds might be taken out via early release, however, this is less than 1% of a circa $3trillion superannuation in the system owned by the Australian members.

By Abolfazl Moghadam

Article Source: Superannuation Early Access

https://aylwardgame.com.au/superannuation-early-access-how-to-exercise-your-rights/

No Further Stay Waiver Request Is This For Me?

Does your visa have a “No Further Stay” condition attached to it, and if so, what does it actually mean? Below we attempt to clarify this and how it is dealt with:

No further stay

There are many temporary visa holders in Australia who have got their visa conditioned as “no further stay.” The conditions include 8503, 8534, and 8535. This means unless there are specific

circumstances such as protection visa consideration, the holder upon expiry of his/her visa must leave Australia and will not able to apply for another visa.

My visa is attached with 8503 conditions, how can I avoid leaving Australia?

You can request the Department of Home Affairs to waive the condition attached to your visa but it must fall under either of the following categories;

(a) If you are unable to leave Australia due to medical reason;

(b) If there is a natural disaster in your home country;

(c) If there is a death or serious illness within your close family;

(d) There is a war or civil unrest in your home country; and

(e) The school in which you have registered cannot provide the course that you were approved for.

You cannot request the waiver simply because of the occurrence of a marriage or de facto relationship with an Australian citizen or permanent resident. Additionally, you cannot request the waiver simply because of pregnancy, unless your doctor advised you not to travel.

What happens when the condition of my visa is waived?

If and when, a “no further stay” condition of your visa is waived, you may apply for another visa without having to leave Australia. You need to be mindful, however, that there is no guarantee that

another visa is granted to you as it depends on the type of visa you apply for, and you must meet the requirements of that visa.

How long does it take to process my waiver request and how do I lodge my application?

You need to be mindful that the waiver is not automatic and it all depends if you have provided all the required documents. Under normal circumstances, it takes around 28 days to receive an outcome on your waiver request. However, a delay may be experienced if your provided information is deemed incomplete. As far as the form, you need to complete the Form 1447 ‘No Further Stay’ waiver request and provide a certified copy of the bio page of your passport and all documentary evidence in support of your waiver request. The information then should be emailed to NoFurtherStayWaiverRequest@homeaffairs.gov.au

Read More: Immigration Law

What if I request for a waiver of the “No Further Stay” condition after my visa is expired?

If you stay in Australia after your visa expires, you have breached condition 8531 which states: “You must leave before visa expiry.” This means even if your No Further Stay condition is waived and you are granted another visa, your sponsor will be penalized and any security bond lodged in support of that visitor visa or professional development visa application might also be forfeited.

 

What if my request for a waiver of the “No Further Stay” condition is refused? Can I appeal the decision?

No. The Department of Home Affair’s decision in respect to your waiver request is final and the decision cannot be reviewed by the Administrative Appeals Tribunal or by another Department. The
Minister also does not have any power to intervene.

Can you assist me to lodge my waiver request application from A-Z?

Yes, we can. It always pays to seek qualified immigration advice to ensure your application and documents are in order. In addition, you need to be mindful that you want to get your application
right first. We are happy to assist you.

By Abolfazl Moghadam

Article Source: 8503 No Further Stay