Overview

In some cases you are able to include a special submission with your application relating to an issue that would otherwise be a basis for refusing your visa. These include situations where you have breached a particular visa condition in Australia, have previously overstayed an Australian visa or had a visa cancelled, have a “no further stay” condition imposed on your current visa and want to apply for a new visa, have been deported or asked to leave any country, have criminal convictions or major health issues, have suffered domestic violence while holding a Partner visa, or have been dismissed from a job while holding a temporary work visa.

In some cases it is possible to submit a waiver request explaining your circumstances that then allows the Australian Government to make a decision to grant a visa it must otherwise refuse. The criteria for making a successful waiver application often require there to be “compelling and / or compassionate” circumstances affecting you or an Australian permanent resident or citizen.

No Further Stay condition

A No Further Stay condition means you cannot apply for most temporary and permanent visas while you are in Australia. This does not prevent you from leaving Australia and applying for a visa from outside Australia.

You can ask the Department of Home Affairs to waive this condition if there is a major change in your situation. This change must be out of your control, meaning you could not have prevented or stopped it.

Examples of major changes that are reasons for waiver:

1. Unable to travel for medical reasons;
2. Death or serious illness of close family;
3. Natural disaster in home country;
4. War or civil unrest in home country;
5. Your school cannot provide your approved course.

Examples of major changes that are not reasons for waiver:

1. Marriage or starting a de facto relationship with an Australian citizen or permanent resident;
2. Failing your course;
3. Pregnancy.

Not knowing the condition was attached to your visa is not a reason for a waiver.

VisAustralia lawyers are experts at analysing your circumstances and preparing waiver requests that are likely to be successful. If any of these issues affect you we invite you to contact our Australian office immediately.

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