REMOVAL OF CONDITION 8534
The Migration Act 1958 contains Schedule 8, which includes condition 8534, also known as ‘No Further Stay’. This condition stipulates that you will not be permitted to remain in Australia after your visa expires. You also cannot apply for a new visa within Australian territory if this condition has been applied to you.
What is Condition 8534?
Condition 8534 is currently applied to most types of Student Guardian visas. When holding a Guardian visa with condition 8534, the holder may only apply for other types of Guardian visas.
Most parents who wish to apply for other visa types while in Australia need to apply for a waiver of condition 8534 first. Without applying for a waiver, the visa application will be invalid and rejected.
Cases Where Condition 8534 Can Be Waived
Australian immigration law stipulates that you may apply for a waiver of condition 8534, but this process is very difficult and complex. You should not attempt this on your own, but should seek consultation and support from a professional and experienced immigration office. We, HTE Law Group, will help you remove this condition so you can legally apply for a visa in Australia.
To apply for an 8534 waiver, you must prove that: After you were granted your visa, an unforeseeable event occurred that significantly changed your circumstances. This event must be beyond your control and necessitate your remaining in Australia to apply for a new visa.
If your reason is valid and demonstrates the change in your circumstances, then the Department of Immigration will consider waiving condition 8534 for you. Conversely, if your reason lacks basis and cannot convince the Department of Immigration, your application will be rejected. In that case, you will not have the right to appeal to the Administrative Appeals Tribunal, but can only appeal to the Federal Court.
Waiver of Condition 8534 in Cases of Marriage or Pregnancy?
Australian immigration law does not recognize marriage or pregnancy as valid reasons to apply for waivers of conditions prohibiting visa applications within Australia, such as 8534. This is because these situations are within your control and can be managed by you.
Additionally, if you wish to apply for a visa extension to remain in Australia to care for a sick relative, you must also prove that your relative’s health condition occurred after your tourist visa was granted, and that no one else can care for them.
Applying for a waiver of condition 8534 depends on each individual’s specific circumstances. Therefore, if you are experiencing difficulties with condition 8534 on your visa and wish to apply for a waiver, you should seek legal support. The legal experts at HTE Law Group can thoroughly examine your circumstances to develop reasonable legal arguments to help you apply for a waiver of condition 8534.
Please contact HTE Law Group immediately at (+61) 1300 833 789 for free consultation about your case.