# NFS No further stay question



## Bruce82 (Sep 10, 2011)

I'm about 3 weeks away from heading back to Aus with my Italian wife and planning on applying onshore for a permanent resident visa for her. I've assumed that she can enter on a tourist visa and then we apply for the Permanent resident visa.

NOTE THE WORD AUSSUMED....

Having found this forum today and reading some post i've discovered this NFS stamp which can be handed out, WHAT!!!

The question is how can this NFS stamp be avoided? Where is is decided and by who? Is it a case of having a good amount of money in the bank? Or by discussing your case with whomever is holding the NFS stamp? Or should that be avoided? Can someone please enlighten me on this worrying prospect. 

Thanks


----------



## SarahM (Feb 8, 2011)

Hi,

As far as I know, the "no further stay" condition will be granted with the visa, and it is not "stamped" on arrival. When the visa is granted (most of the time electronically), in the email you get it will tell you all of your visa conditions, that's how you know if you've got the NFS condition or not.

I have no idea what affects their decision of putting a NFS or not 

Lastly, your wife will be applying for a "partner visa" which is a combined subclass, the first of which is temporary and the second is permanent (820/801).


----------



## Bruce82 (Sep 10, 2011)

Thanks Sarah i see that you are a great contributor to this site. I also saw your timeline was quite short when applying in Melb which is what i was hoping for.
I guess my next question then is, are there any italians who have been granted the e visitor visa and NOT had the NFS attached in their email?


----------



## Bruce82 (Sep 10, 2011)

After speaking to the consulate today they advised me that EVERYBODY who applies for an E tourist visa will be given a NFS included. No ways around it.


----------



## SarahM (Feb 8, 2011)

Bruce82 said:


> After speaking to the consulate today they advised me that EVERYBODY who applies for an E tourist visa will be given a NFS included. No ways around it.


That's inconsistent with the information on their site. It says:

_Condition 8503 *can* be imposed on many Visitor and Temporary Residence visas. However, condition 8503 is a *mandatory condition of the following visas:*

- Sponsored Family Visitor visa (subclass 679)
- Tourist visa (subclass 676) granted under the Approved Destination Status scheme operating out of the People's Republic of China
- Sponsored Business Visitor visa (subclass 459) if the application was made before 1 July 2006
- Professional Development visa (subclass 470)
- Work and Holiday visa (subclass 462) if you have previously held two subclass 462 visas._
Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay"


----------



## KrystHell (Jan 27, 2012)

Bruce82 said:


> After speaking to the consulate today they advised me that EVERYBODY who applies for an E tourist visa will be given a NFS included. No ways around it.


Bruce,

What happened? WHat was the outcome in the end?

I too am looking into the option of getting married back home (France) and coming back on a tourist visa and apply for the partner visa onshore, but that NFS thing is a bit scary.

Can you give us a quick update?

Thanks a lot.


----------



## jcr67 (Jan 19, 2012)

My French partner was given a 2nd e-visitor visa in October, and it had no NFS condition. It's only conditions were:

CONDITION 8101 - NO WORK
> The holder must not engage in work in Australia. "Work" means an activity that, in Australia, normally attracts remuneration.
> 
> CONDITION 8201 - THREE (3) MONTH LIMIT ON STUDY AND TRAINING
> While in Australia the holder must not engage for more than three (3) months, in any studies or training.
> 
> CONDITION 8527 - FREE FROM TUBERCULOSIS
> The holder must be free from tuberculosis at the time of travel to, and entry into, Australia.
> 
> CONDITION 8528 - CRIMINAL CONVICTIONS: NOT SENTENCED TO PERIOD(S) OF 12 MONTHS OR MORE
The holder must not have one or more criminal convictions, for which the sentence or sentences (whether served or not) are for a total period of 12 months duration or more, at the time of travel to, and entry into, Australia.


----------



## KrystHell (Jan 27, 2012)

jcr67 said:


> My French partner was given a 2nd e-visitor visa in October, and it had no NFS condition. It's only conditions were:
> 
> CONDITION 8101 - NO WORK
> > The holder must not engage in work in Australia. "Work" means an activity that, in Australia, normally attracts remuneration.
> ...


Can I ask you whether your French partner has applied for a visa yet? And if so, what stage is he/she at?

I'm going back home soon and want to apply for the prospective wife visa since my partner and I are engaged, but I don't know how difficult the Madrid office is to deal with!

Thanks.


----------



## jcr67 (Jan 19, 2012)

KrystHell said:


> Can I ask you whether your French partner has applied for a visa yet? And if so, what stage is he/she at?
> 
> Thanks.


No, not yet


----------



## holly (Dec 11, 2011)

Thank you for this info! So did they get one 3 month evisitor, then extended it or leave and return?


----------



## jcr67 (Jan 19, 2012)

holly said:


> Thank you for this info! So did they get one 3 month evisitor, then extended it or leave and return?


She had an earlier one, which she extended once or twice. Then applied for a new one from OS after the 12 months had passed. Those conditions are from the new one.


----------



## bma (Sep 28, 2011)

Bruce82 said:


> After speaking to the consulate today they advised me that EVERYBODY who applies for an E tourist visa will be given a NFS included. No ways around it.


Hi everybody,

my partner applied for his eVisitor recently, this is his first travel to Australia and he has no NFS on his visa.

I am following this forum for quite a time now, and my impression is that some get this NFS condition on their eVisitor and some don't. Perhaps people who've been to Australia before get this NFS more often, but I don't know - I'm only guessing.

Anyways, my partner's eVisitor didn't come with NFS. He applied in January and we're not from a low risk country.

Kind regards to all,
BMA


----------



## Pinky (Nov 18, 2009)

When I applied for my second tourist visa (before I even got married or anything like that), I got a NFS clause on it. I never knew why, they gave me no reason. I did noticed that they took a longer time to approve my tourist visa, unlike the first time I had applied for one. 

My guess is, they analyse your application and maybe if they think you are planning on not going back to your country, by asking for a bridging visa, they may put a NFS. 

BUT, there's nothing wrong with getting that clause if you are planning on going back to your country of origin. However, if you were planning on staying in Australia after coming in as a tourist, then it may be a problem, since it will be hard to obtain any other visa to extend your visit.


----------



## Offshore Migration (Dec 6, 2011)

Each case is different, there are circumstances that can not be addressed in a lose forum such as this. I assume you are an Australian Resident/Citizen I suggest you contact a Migration Agent. If you wish contact me off line and we can discuss your options 

People should not be giving migration advise on this form without due diligence and advice .


----------



## holly (Dec 11, 2011)

Just applied 3 month evisitor and were given 12 month multi entry e676, for stays of up to 3 months.
No work, no study more than 3 months, but we were not imposed with a NFS so that was great. Now just need to figure out how to get out of the no work and leaving after 3 month conditions once we apply for defacto.


----------



## Offshore Migration (Dec 6, 2011)

Did you mention your partner on your original or renewal application?


----------



## sandyboy (Feb 22, 2014)

Offshore Migration said:


> Each case is different, there are circumstances that can not be addressed in a lose forum such as this. I assume you are an Australian Resident/Citizen I suggest you contact a Migration Agent. If you wish contact me off line and we can discuss your options
> 
> People should not be giving migration advise on this form without due diligence and advice .


How to contact you offline


----------



## Offshore Migration (Dec 6, 2011)

sandyboy said:


> How to contact you offline


You can email me at [email protected]


----------

