We have had a large number of enquiries from clients wishing to apply for another visa onshore but have a ‘No Further Stay’ condition on their current visa.
In order to seek waiver of a No Further Stay condition you must show that circumstances have arisen since you last entered Australia which are beyond your control and that there are compelling and compassionates reasons for waiver. This is a two part test and both parts must be proven.
Given the current circumstances, a No Further Stay waiver is most likely going to be possible as the current global restrictions on travel is beyond the individuals control and the compelling and compassionate reasons test should be met. However, each case to be assessed on its merits.
The Department of Home Affairs has published an updated on their website about waiver applications and whilst they are open to waive No Further Stay conditions, it has been pointed out that they will not likely consider cases if your current visa still has two months or more to run.
Please contact Nevett Ford Lawyers Melbourne for advice and assistance.
Telephone: + 61 3 9614 7111
Email: melbourne@nevettford.com.au