Monday, 27 February 2023

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 

Saturday, 4 February 2023

Is Your Student Visa At Peril? Australian Student Visa Holders To Read

This article briefly highlights a few important points that any Australian student visa holder must observe and be vigilant of so not to put one’s student visa at risk. The list is not meant to be exhaustive and every case turns on its own fact.

What is condition 8202?

Put simply, condition 8202 requires a student visa holder to adhere to certain course enrolment, attendance, and academic requirements. As an example, condition 8202(2)(a) requires the visa holder to be enrolled in a full-time registered course.

What happens when the condition is breached?

When condition 8202(2)(a) is breached, the Minister is able to cancel the student’s visa in question in accordance with section 116(1)(b) of the Migration Act 1958 (Cth).

What happens if I receive a Notice of Cancellation from the Department of Home Affairs?

The first step is to seek our legal advice to see whether an appeal to the Administrative Appeals Tribunal is in order and that the appeal, if found to be in order, is lodged within the prescribed appeal timeframe according to law.

How will the Department know if I am not enrolled in a full-time course?

All Australian student visa holders are registered in the Provider Registration and International Student Management System or what is known as PRISMS.

What happens when my appeal to the Administrative Appeals Tribunal fails?

Again, we recommend that you seek our legal advice to see whether there are any grounds justifying lodging an appeal for a judicial review in the Federal Circuit and Family Court of Australia.

Take-home message

It is very important to fully comply with your student visa conditions. If in doubt as to what is full compliance, seek our advice. If your visa is cancelled for breaching condition 8202, the Court does not per se have the power to decide your application on compassionate grounds, and absent any merit in your appeal, it will be difficult and costly to appeal such cancellation. In a nutshell, DO NOT gamble with your student visa once it is approved.

For advice or assistance with all immigration matters contact the Immigration Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Australian student Visa