Have you received a “No Further Stay” condition on your student visa?
Any student visa, regardless of assessment levels can have a no further stay condition. The “No Further Stay” condition placed on student visas is typically condition 8534. Condition 8534 means that the visa holder cannot apply for another visa except, a further student visa with permission to work, a protection visa or Graduate Skilled Visa.
If you are unfortunate enough to have this condition on your visa, it generally means that you cannot apply for another visa (student, partner, 457 visa etc…) whilst still in Australia. You will need to go outside of Australia to apply for an additional visa. In all other circumstances, the condition will prevent the visa holder from making a valid visa application in Australia unless the condition has been waived.
What can I do if I have a condition 8534 placed on my visa?
You may be able to apply to have this condition waived. But you will need to have a really good reason. You must demonstrate to the Minister that: since you were granted the visa, compelling and compassionate circumstances have developed:
i. over which you had no control and
ii. that resulted in a major change to the person’s circumstances
Compelling circumstances are generally those that are involuntary and the visa holder has no alternative but to seek to extend their stay in Australia. The Department of Immigrations website states that under policy these situations that WOULD NOT be regarded as ‘beyond the control’ of the visa holder for the purposes of the waiver provisions:
- Marriage to (or commencing a de facto partner relationship with) an Australian citizen or permanent resident
- Pregnancy (women who become pregnant while in Australia would generally need to have evidence they are unable to leave Australia).
- Failure to complete a course due to failing a subject
Is there anything that I can do to prevent a condition 8534 being placed on my visa?
Please note that condition 8534 is discretionary only. This means a properly presented visa application containing sufficient financial and Genuine Student Statement evidence, may be enough to pursued the case officer not to impose the condition. Which will allow you to apply for other visas when in Australia.
Generally speaking, condition 8534 is usually only placed on the visas of Assessment Level 3 applicants and if the student is assessment level 3 and studying for less than 10 months, condition 8534 may be placed on the visa.
If the visa application provides sufficient evidence of funds, condition 8534 may not be placed on the visa, provided that the Case Officer is satisfied that it would not be appropriate to impose an 8534 condition
If you have a condition placed on your student visa, or you would like assistance lodging a student visa application feel free to contact Pathway to Aus on:
P: +61 7 55 265 900
E: info@pathwaytoaus.com
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