On your student visa have you received a “No Further Stay” condition ? and what it means you are unsure about it?
Condition 8534 that may be imposed on a student visa holder and is a discretionary condition . What that means is that unlike the condition 8105 which must be imposed on any student visa holders, (must not work for more than 40 hours a fortnight) when the Department of Home Affairs (Department) has concerns about the applicant’s immigration history the condition 8534 is usually placed on the student visa.
What is condition 8534 :
All student visas may be subject to a no further stay condition is Primarily the 8534 condition. It means the student cannot apply for another visa whilst in Australia If imposed on a student visa. ie. the student apply again from overseas and must travel offshore. If your current visa has a No Further Stay condition While in Australia you may not be able to apply for another visa as a student visa, partner visa or work visa. To apply for a substantive visa you will have to leave Australia (other than the three mentioned above).
while onshore Condition 8534 does not allow the visa holder to be granted another substantive visa other than:
A subclass 485 – Temporary Graduate Visa
A subclass 590 – Student Guardian Visa
A protection visa
Any student visa can have a no further stay condition regardless of assessment levels. Typically condition 8534 is The “No Further Stay” condition placed on student visas. the visa holder cannot apply for another visa in condition 8534 except, a protection visa or Graduate Skilled Visa, a further student visa with permission to work. it generally means that you cannot apply for another visa (student, partner, 457 visa etc…) whilst still in Australia, If you are unfortunate enough to have this condition on your visa. to apply for an additional visa You will need to go outside of Australia. The condition will prevent the visa holder from making a valid visa application in Australia unless the condition has been waived, In all other circumstances.
However, in some situations, the 8534 condition can be waived.
Waiving the condition:
You can apply for any class of substantive visa,If the condition is waived,You are not limited to the the temporary graduate visa, protection visa, or the student guardian visa.
To be eligible for the waiver, the applicant must show that new compelling and compassionate circumstances have developed, since the applicant was granted the visa.
Compassionate and Compelling circumstances are situation that:
It must have resulted in a significant change in the applicant’s circumstances. The circumstances must be beyond the control of the applicant:
Some examples of compelling and compassionate circumstances include:
All cases are considered by its merit. The above lists are not exhaustive
What happens after the condition is waived?
You cannot validly apply for another visa,Whilst waiting for the request application. Once they have approved your request the Department will notify you in writing. You are eligible to make another visa application, Once it has been waived. unless another 8534 is imposed on the visa the period of the waiver remains in effect indefinitely.
Waiving a condition can be convoluted and complicated. It is better to talk to an expert like IME Advisor - Immigration Agent in Sydney to assist you in identifying the relevant laws and policies that are relevant to your personal circumstances.
Skills select related waivers
The regulation provides additional circumstances in which condition 8534 may be waived. The condition may be waived if the applicant as a genuine intention to apply for:
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