Reading 15 Common Visa Conditions

Common visa conditions
Introduction
Below are some common visa conditions that agents and practitioners will frequently encounter, including
conditions relating to the maintenance of health insurance, as well as "no further stay" conditions. Visa
conditions (except entry-related conditions) are found in Sch 8 of the Migration Regulations 1994 (Cth) (the
Regulations). Entry-related conditions can be found in Sch 2 of the Regulations.
Condition 8501 -- Maintain health insurance

Visa holders subject to condition 8501 must "maintain adequate arrangements for health insurance while the
holder is in Australia". Where it is a requirement in Sch 2 of the Regulations for a visa to be granted (e.g for a
subclass 408 visa), evidence that this requirement has been met usually needs to be provided to the
Department of Home Affairs (the Department) prior to visa grant.
What are "adequate arrangements"?

Evidence that "adequate arrangements" for health insurance are met can be demonstrated by:
o providing a copy of the insurance policy.

o a written letter or cover note from an acceptable insurance provider certifying that the main
applicant and any accompanying family members immediately upon visa grant or their arrival in
Australia, are, or will be, covered by insurance that is at least as comprehensive as the
minimum level of cover the Department expects. The Department has a standard template
letter for insurers to complete which sets out the minimum level of cover it expects (this is
known as ‘Attachment A’).
o demonstrating that the visa applicant has lawfully enrolled with Medicare under a Reciprocal
Health Care Agreement (RHCA) (see the Medicare website for eligibility details);
o evidence that the main applicant and any accompanying family members immediately upon
visa grant or their arrival in Australia, are, or will be, covered by insurance that is at least as
comprehensive Attachment A (see above), with the understanding that the applicants will either
enrol with Medicare under a RHCA or enrol in a private insurance arrangement after arrival; or
o producing an Irish passport (see the Medicare website for eligibility details).
NB: "Adequate arrangements" differ for Student visa holders.
Conditions 8503, 8534, 8535 and 8540 -- No further stay

Under s 46(1A) of the Migration Act 1954 (Cth) (the Act), a person that is in Australia who, since last entering
Australia, holds or has held a visa with a "no further stay" condition 8503 (Sch 8, cl 8503 of the Regulations),
is unable to make a valid visa application, even if the visa on which the condition was imposed has ceased to
be in effect, and cannot apply for any class of substantive visa (other than a Protection visa, or in the case of
conditions 8534, 8535 and 8540, a Protection visa or a specifically prescribed class of substantive
Temporary visa). This means that in effect, the "no further stay" conditions 8503, 8534 and 8535 operate as
"no further application" conditions, unless a waiver is granted.
Waiving a no further stay condition

According to reg 2.05(4), a waiver of condition 8503, 8534 or 8535 is only available where the request is
made in writing and the applicant can demonstrate that:
o there is a major change in circumstances since the visa was granted (for example, serious
accident or contracting an illness after arriving in Australia, that makes the applicant unfit to
travel); and
o those circumstances are beyond their control and are compelling and compassionate in nature
(for example, death, serious illness or a serious medical condition of a close family member
where the applicant must remain in Australia to provide assistance or support, or a natural
disaster, war or severe civil unrest in the applicant's home country where it would be
1
unreasonable to expect the applicant to return home at that time): PAM3: Div2.1/reg2.05 -
Conditions applicable to visas - Waiver of "no further application" conditions.
Pregnancy in itself (unless they can demonstrate unfitness to travel) or marriage to an Australian citizen or
permanent resident in itself might not be considered a circumstances which was beyond the applicant’s
control: PAM3: Div2.1/reg2.05 - Conditions applicable to visas - Waiver of "no further application" conditions.
In accordance with reg 2.05(4)(b), if the Minister has previously refused a waiver request by the visa holder,
the circumstances presented in any further request must be substantially different from those considered
previously
Additional considerations for certain skilled and SHEV visa applications

Regulation 2.05(4AA) and 2.05(5A) provides that the Minister may waive condition 8503 or 8534 where
satisfied that the visa holder has a genuine intention to apply for:
o a General Skilled Migration visa; or

o a Subclass 132 (Business Talent) visa; or
o a Subclass 186 (Employee Nomination Scheme) visa; or
o a Subclass 187 (Regional Sponsored Migration Scheme) visa; or
o a Subclass 188 (Business Innovation and Investment (Provisional)) visa; or
o a Subclass 482 (Temporary Skill Shortage) visa.
Further, reg 2.05(4AB) prescribes the following further circumstances:
o the visa holder holds a Safe Haven Enterprise visa or is a lawful non-citizen who has ever held
a Safe Haven Enterprise visa; and
o satisfies the requirements of subreg 2.06AAB(2).
In most cases, a visa holder would need to depart Australia in order to apply for a subsequent visa
application if they do not fall within the waiver criteria described above. Applicants cannot seek merits review
of a waiver refusal and should they wish to re-apply for a waiver, they must do so on new evidentiary
grounds. Further, a successful waiver application does not mean that a person would meet the other
requirements for visa grant, nor that a "no further stay" condition would not be imposed on a visa in the
future.
Practice Tip: Circumstances that may not usually fall within the waiver criteria (e.g pregnancy of the visa
applicant) may do so once combined with other personal circumstances that would fall within the waiver
criteria. It is important to note that the examples provided in policy do not necessarily include all instances of
"compelling and compassionate circumstances beyond the applicant's control" so it is important to obtain
from a person all relevant information that may assist with the waiver application.
As a minimum, a request for a waiver of a "no further stay" condition should include:
o the visa holder's full name and date of birth;

o the visa holder's passport number;
o details of the visa on which the condition was imposed (eg grant number, expiry date); and
o reason/s why a waiver is sought, together with appropriate supporting evidence.
Practice Tip: As noted, reg 2.05(4)(c) requires the waiver request to be made in writing. The Department has
developed a useful Form 1447 waiver form for this purpose although it is not mandatory to use this form
given it is not a prescribed form under the Regulations.
An application should be submitted well before the visa expiry date as consideration of the request can take
some time. Submitting a waiver application does not, of itself, provide grounds for the individual to remain in
Australia beyond their visa expiry date. The applicant becomes unlawful if they do not depart Australia prior
to the visa expiry date.
Condition 8504 -- Initial entry date

In order to continue to meet core visa requirements (i.e health and character) within a reasonable period
after visa grant, condition 8504 may be imposed. Where condition 8504 is not imposed, Sch 2, cl 6 of the
2
Regulations works in an equivalent fashion and applies to all permanent visas granted to people outside of
Australia (except Resident Return Visas).
Unless subject to s 85 of the Act "capping", the "first entry" date is generally determined by the earliest of the
validity under policy of:
o the Medical Officer of the Commonwealth's (MOC) opinion on the application's last radiological
or medical examination (see the Health subtopic);
o the applicant's police clearance for current residence;
o the applicant's security clearance;
o the Assurance of Support in favour of the applicant; or
o the sponsorship form in favour of the applicant.
Usually where family members are included in the application, the Department will determine the earliest
date for each person according to the above list. The (one) “first entry” date for all persons would usually
then correspond to the earliest of all those dates.
Generally, Department officers will consider if the specified date (as determined by the above criteria) would
allow the visa holder a reasonable period in which to settle their affairs. Extensions of the first entry date are
only considered if the circumstances are/were beyond the applicant's reasonable control (for example, a
death in the applicant's family, difficulty in obtaining flight bookings, significant delays in assessment
procedures or the first entry date is unreasonable). However, an extension cannot be granted where it is
unreasonable in the circumstances (i.e the applicant is subject to a health undertaking).
Practice Tip: Extensions cannot be considered after visa grant. However, as processing times do vary, it is
difficult to determine when a visa will be granted in order to "plan" for the initial entry date. Therefore, when
an applicant's circumstances change in such a way that may impact the visa application and/or the
applicant's ability to migrate to Australia (e.g death in the family), then the Department should be advised, in
order to manage visa processing.
Condition 8516 -- Must continue to satisfy criteria

Although imposed in rare circumstances, individuals subject to condition 8516 must in effect continue to
satisfy the criteria upon which the visa was granted. Where adult "dependent" children are concerned, this
means that they are unable to become independent while they remain in Australia on the main applicant's
visa. Should the visa holder wish to "break" the chain of dependency, they should arrange a visa in their own
right. Condition 8516 is mandatory for subclass 500 (Student) visa holders for both primary and secondary
applicants. When imposed on a visa granted to the student, it ensures that the student does not provide
evidence to meet requirements at initial visa grant, only to change these arrangements after arrival in order
to avoid visa requirements.

Reading 15 Common Visa Conditions

Uploaded by

Copyright:

Available Formats

Reading 15 Common Visa Conditions

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Reading 15 Common Visa Conditions

Uploaded by

Copyright:

Available Formats

Common visa conditions

Condition 8501 -- Maintain health insurance

What are "adequate arrangements"?

o providing a copy of the insurance policy.

Conditions 8503, 8534, 8535 and 8540 -- No further stay

Waiving a no further stay condition

Additional considerations for certain skilled and SHEV visa applications

o a General Skilled Migration visa; or

o the visa holder's full name and date of birth;

Condition 8504 -- Initial entry date

Condition 8516 -- Must continue to satisfy criteria

You might also like