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Showing posts from February, 2023

No Further Stay Waiver Request Is This For Me?

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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 count...

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

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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 fo...