Types of Australian visa restriction clauses

Obtaining an Australian visa is an important milestone in your journey. However, it is essential to carefully examine the accompanying restriction clauses, no matter how minor, to ensure compliance with the regulations of your granted visa.

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A deep understanding of these conditions not only helps you fully grasp the visa-related regulations but also ensures strict compliance with Australian laws, contributing to your success and safety throughout your stay in this country.

Condition 8101

As a modern and developed country, Australia always applies strict prohibition clauses related to entry and labor regulations to protect a fair and healthy business environment. Condition 8101 stipulates that travelers coming to Australia with tourist visas must absolutely comply with the prohibition on working in this beautiful kangaroo country.

Violating this regulation is not only an illegal act but also demonstrates disrespect for the laws of a civilized country. Therefore, to ensure legal compliance and protect your rights and legal status, you need to strictly adhere to this prohibition clause. To understand more about condition 8101, you can refer to the detailed article here.

Condition 8503

With strategic vision and caution, the Australian Department of Immigration always applies regulations to strictly control the flow of manpower into the country. One of the frequently applied measures is prohibition clause 8503 – “No Further Stay” (Read more about prohibition clause 8503 here). This clause is usually attached to visas such as tourist, family visit, or business visas, to ensure that each trip maintains its registered purpose.

For example, in the case of tourists visiting relatives in Australia, the authorities always maintain a high level of vigilance, fearing that tourists might abuse their initial temporary stay purpose to extend their stay in the kangaroo country through other legal means such as applying for parent visas, marriage visas, or other forms. For this reason, prohibition clause 8503 will be officially specified in the visa document, confirming that tourists are not allowed to apply for any other type of visa to extend their stay.

With the explanations above, we can recognize the legitimacy and caution of the regulations from the Australian immigration authority, aimed at ensuring that migration flows according to proper procedures and laws, creating a safe, transparent, and civilized socio-economic environment. This is a core value that we should respect and accompany together, contributing to building an increasingly developed and prosperous country.

Condition 8534

Condition 8534 – No Visa Change is an important regulation in Australia’s visa policy, often applied to guardian visas for parents or guardians of international students.

This condition means that visa holders only have the right to reapply for a guardian visa and are not allowed to switch to another type of visa during their stay in Australia.

For parents who come to Australia to care for their children, if they wish to apply for a different visa, they need to be exempted from condition 8534 before applying.

Failure to obtain an exemption may result in the new visa application not being considered, therefore, compliance with this policy is necessary to ensure the rights and legal status of visa applicants during their stay in Australia.

Condition 8535

Condition 8535 – Visa Extension Restriction stipulates that during your stay in Australia, you are only permitted to extend your visa as a bridging visa, unless it is:

A protection visa, or
An Australian Student Visa (subclass 500), granted based on support from a Commonwealth government or a foreign government.

Please note that, according to this visa condition, except in special exceptional cases, you are not allowed to stay in Australia beyond the period specified in your visa. This is to ensure that your stay in Australia strictly adheres to the conditions that have been authorized.

Condition 8531

Condition 8531 – No Stay Beyond Visa Validity requires that you must not stay in Australia beyond the period for which your visa has been granted.

In case you cannot leave Australia as planned, you need to proactively apply for a new visa before your current visa expires.

If you are also bound by condition “8503 – No Further Stay”, you will need to request an exemption from this condition before applying.

There are force majeure cases where you cannot leave Australia as planned due to travel restrictions, and the Australian Department of Immigration will consider these situations when processing your future visa applications or sponsorships.

Condition 8558

Condition 8558 – Maximum 12 Months Stay in 18 Months clearly states that if you have a visa with this condition and cannot leave Australia as planned, your visa will no longer be valid if you stay continuously in this country for more than 12 months.

However, if your total stay is 12 months, calculated across multiple entries within an 18-month period, your visa will still retain its value until the specified expiry date. This is a regulation to ensure that your stay in Australia complies with the authorized conditions, and you need to adhere to it to avoid potential legal complications.

PIC 4013

If your visa has been canceled, you may be restricted from applying for another visa for three years, unless the Immigration Department is satisfied that one of the following conditions is met:

There are compelling circumstances affecting Australia’s interests; or
There are compelling or compassionate circumstances affecting the interests of an Australian citizen, permanent resident, or eligible New Zealand citizen.

The three-year exclusion period starts from the date your visa was canceled.

In such a case, if my visa is canceled, can I apply for an Australian visa again? The answer is that you will need to wait for three years to pass before you can apply for another visa, unless PIC 4013 is waived.

PIC 4014

If you leave Australia under one of the following circumstances, you will not be granted a new visa for three years (this can be waived in limited circumstances, as mentioned above for PIC 4013):

As an unlawful non-citizen (meaning you do not hold a valid visa); or
As a holder of a Bridging Visa C (BVC), Bridging Visa D (BVD), or BVE.

However, PIC 4014 does not apply if you leave Australia:

Within 28 days of your substantive visa expiring; or
As a holder of a BVC, BVD, or BVE that was granted:
Within 28 days of your substantive visa expiring; or
While you held another Bridging Visa (granted while you held a substantive visa, or within 28 days after it expired).

The three-year exclusion period starts from the date you leave Australia.

PIC 4020

If you provide a fraudulent document or false or misleading information related to your visa application, it may be refused under PIC 4020 and, as a result, you will be banned from being granted an Australian entry visa for three years.

The Department may waive this requirement in limited circumstances, as mentioned above for PIC 4013 and 4014.

In such a case, does visa refusal affect future visa applications? The answer is yes, you will need to wait for three years before applying for another visa, unless PIC 4020 is waived.

If the Department is not satisfied with your identity, you may be excluded from being granted a new visa for 10 years. There is no waiver for this requirement.

So in these cases, when can I apply for an Australian visa again after being refused? You will need to wait 10 years before applying for a new visa.

SRC 5001

If you leave Australia due to deportation or your visa is canceled for character reasons, you may be permanently banned from entering Australia under SRC 5001, unless the Minister grants you a permanent residence visa. There is no exception waiver for this regulation. In that case, if my visa is canceled, can I apply to come to Australia again? The answer may be no, unless the Minister directly intervenes and grants you a permanent residence visa.

SRC 5002

If you are deported from Australia (as an illegal immigrant), you will be banned for 12 months (this can be waived in limited circumstances as mentioned in the Public Interest Criteria section above).

The 12-month ban period starts from the date you were deported from Australia.

SRC 5010

According to SRC 5010, if you currently hold or have previously held a specific type of student visa, you cannot be granted a visa unless you have been outside Australia for at least two years since ceasing your course or training. SRC 5010 does not apply in the following cases:

The course was designed to be completed within 12 months or less; or
If the course was designed to be completed in more than 12 months, the Minister for Foreign Affairs or a foreign government that sponsored the granting of the student visa also sponsors the current visa application (this can be waived in limited circumstances as mentioned for the PIC and SRC criteria above).

SRC 5010 applies to the following subjects:

People who currently hold or have previously held a student visa issued by the Department of Foreign Affairs;
People who hold a Student visa granted with financial sponsorship from a foreign government; and
People who have previously held a Student visa granted with financial sponsorship from a foreign government, have never held a student visa issued by the Department of Foreign Affairs, and currently do not hold any substantive visa.

An Australian student visa issued by the Department of Foreign Affairs is a type of visa issued to students studying full-time or training under a scholarship or training program approved by the Minister for Foreign Affairs or the Australian Minister for International Development.

Australian Student Visas include the following visa types:

Visa subclass 500 (Student);
Visa subclass 570 (Independent ELICOS sector);
Visa subclass 571 (Schools sector);
Visa subclass 572 (Vocational Education and Training sector);
Visa subclass 573 (Higher Education sector);
Visa subclass 574 (Postgraduate Research sector);
Visa subclass 575 (Non-Award sector);
Visa subclass 576 (Foreign Affairs or Defence sector).

The 2-year ban period starts from the date you ceased your course or training.

Whether you are inside or outside Australian territory, your eligibility for additional visas will depend on meeting the PIC and/or SRC criteria mentioned above, applicable to the type of visa you intend to apply for (note that not all visa types are bound by the exclusion criteria above).

Another important point to note is that for some visas, the exclusion criteria are applied to the entire family group applying for the visa. The impact of this “one fails, all fail” criterion is that if any member of the family group application is subject to an exclusion period, the primary applicant will not meet the eligibility criteria for visa grant, even if they are not subject to an exclusion period.