# No Further Stay Condition



## Elie (Jul 17, 2013)

My tourist visa has a 'no further stay' condition which means I can't extend nor apply for another visa while in Australia. I have a Philippine passport. Can I exit to Fiji and apply a tourist visa while I'm there? How long should I wait before I can apply for another tourist visa? What options do I have? Any suggestions will be greatly appreciated. Thank you!


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## rhirhi (Apr 14, 2013)

Hi elie, 

I'm not 100% so I hope someone who knows better will come along and give you better advice...I'll tell you what I know. 

My grandfathers partner is Filipino and she was granted a three month tourist visa with no further stay while he was ill (even after they requested longer and he had cancer -.-) and she had to go back to the Philippines for 3 months before she could reapply for another tourist visa  

Hopefully someone has a more positive story!


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## robboat (Jun 12, 2012)

Elie said:


> My tourist visa has a 'no further stay' condition which means I can't extend nor apply for another visa while in Australia. I have a Philippine passport. Can I exit to Fiji and apply a tourist visa while I'm there? How long should I wait before I can apply for another tourist visa? What options do I have? Any suggestions will be greatly appreciated. Thank you!


Hi Elie,
Have a look at the DIAC links:
Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay" 
Visitor Visa (Subclass 600)

See "How long your visa lasts" section.....

Sorry, but I cannot see any good news for you.....unless you are offshore for the equivalent time of your tourist visa.

Good luck


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## MarkNortham (Dec 19, 2012)

Hi All -

Re: Condition 8503, this remains in effect as long as the person is in Australia - here's the exact wording:

"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."

Generally once condition 8503 has been applied to a visitor visa, it is difficult to get another visitor visa without this condition unless your circumstances have changed significantly. However, it's important to understand that once the visa holder departs Australia - ie, is no longer physically in Australia, that person can apply for any other visa they are eligible for as condition 8503 does not apply once the holder departs Australia. Should they re-enter on the same visa that has condition 8503, then that condition would apply while they are in Australia.

Hope this helps -

Best,

Mark Northam


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## Elie (Jul 17, 2013)

rhirhi said:


> Hi elie,
> 
> I'm not 100% so I hope someone who knows better will come along and give you better advice...I'll tell you what I know.
> 
> ...


Hi!

Thanks for sharing! Do you know how many months she waited before she applied for a new visa when she returned to the Philippines? Thanks!


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## eleanor (Apr 27, 2013)

my fiance is a philippino,but she lives in japan last 20 years ,japan is a low risk country, 1st time she came to australia she came for 2 weeks and had a no ferther stay condition put on ,2nd and 3rd time she came for 4 and 7 weeks and had no restrictions put on ,


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## bunneybee (May 2, 2013)

MarkNortham said:


> Hi All -
> 
> Re: Condition 8503, this remains in effect as long as the person is in Australia - here's the exact wording:
> 
> ...


Hi Mark,

Since we are talking about the 'no further stay' Claus, i wonder if you could help with an issue that i have. I've applied for partner visa sub class 309. And still awaiting results. If i applied for tourist visa now and if i were granted tourist visa with 'no further stay' Claus what effect will that have on my partner visa which is still processing? Thanks! 

Bunneybee


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## Whitney (Jan 4, 2013)

bunneybee said:


> Hi Mark,
> 
> Since we are talking about the 'no further stay' Claus, i wonder if you could help with an issue that i have. I've applied for partner visa sub class 309. And still awaiting results. If i applied for tourist visa now and if i were granted tourist visa with 'no further stay' Claus what effect will that have on my partner visa which is still processing? Thanks!
> 
> Bunneybee


I imagine that it would have zero impact on your 309 application. 'No further stay' just means that you cannot apply for a visa from your TV but you have already lodged your 309. And you won't even be in the country anymore when your 309 is granted (because you must be off shore because you lodged off shore) . I'd be curious to see what others have to say but I think it'll be totally fine.


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## bunneybee (May 2, 2013)

Thanks Whitney!


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## MarkNortham (Dec 19, 2012)

I agree with Whitney - no further stay condition would not have an impact on your 309 visa processing since you have already applied for that visa. It would, however, limit your ability to apply for further visitor visas while the 309 visa is processing.

Best,

Mark Northam


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## bunneybee (May 2, 2013)

MarkNortham said:


> I agree with Whitney - no further stay condition would not have an impact on your 309 visa processing since you have already applied for that visa. It would, however, limit your ability to apply for further visitor visas while the 309 visa is processing.
> 
> Best,
> 
> Mark Northam


Hi mark,

Appreciate your help!


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