Condition 8503 (no further stay)
Statutory definition
Condition 8503 in Schedule 8 to the Migration Regulations 1994 (Cth) provides that the holder will not, after entering Australia, be entitled to be granted a substantive visa (other than a protection visa) while the holder remains in Australia.
Explanation
Condition 8503 is attached to many visitor visas (Subclass 600) issued at Australian posts overseas, and to some other temporary visas. Its effect is to prevent the holder from applying for and being granted a substantive visa while in Australia.
A bridging visa may still be granted to a person subject to condition 8503 (for example, if they lodge a protection visa application, which is exempt from the condition). However, most other substantive visa applications lodged by a person subject to condition 8503 will be refused.
The condition may be waived by the Minister under s 41(2A) of the Migration Act in compelling and compassionate circumstances — this is a personal ministerial power that cannot be delegated.
How this term is used
Condition 8503 is significant for persons who travel to Australia on a visitor visa and then wish to apply for a partner visa, student visa, or other substantive visa from Australia. Whether condition 8503 applies to a particular visa is indicated on the visa grant notice. The condition is not removed automatically by the passage of time.