“No Further Stay” conditions on your student visa

Amasha
May 2, 2024
Last updated October 11, 2025
4 min read
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Condition 8534: "No Further Stay"

This condition is applied on the discretion of the case officer who is assessing your application. This condition will be imposed on student visas that are deemed to be high risk. If an international student visa holder has this condition on their visa it means that they cannot apply to most of the substantial visas. The visas that they can apply to are the;

  • Subclass 485 (Temporary Graduate)

  • Subclass 590 (Student Guardian)

  • Protection visas

There are opportunities to request for a waiver of the condition in very limited circumstances

However, you can apply for certain visas provided that you complete the course for which the student visa was granted to you. And if you do complete your course you will be eligible for certain visas even without requesting for a waiver. Those visas are:

  • General Skilled Migration visa (for example Subclass 189 or 190)

  • Subclass 132 (Business Talent) visa

  • Subclass 186 (Employee Nomination Scheme) visa

  • Subclass 187 (Regional Sponsored Migration Scheme) visa

  • Subclass 188 (Business Innovation and Investment (Provisional)) visa

  • Subclass 482 (Temporary Skill Shortage) visa

Condition 8535: "No Further Stay" for Sponsored Students

The condition 8535 is a mandatory condition imposed on student visas sponsored by the Department of Foreign Affairs and Trade or Department of Defence. If this condition is present in your visa then you can only apply for a very limited amount of visas. They are;

  • a Student (Temporary) (Class TU) visa we grant you because you have support from the Commonwealth or a foreign government, or

  • a protection visa

While you are applying for another student visa while you hold the visa with condition 8535 you will have to attach a letter of support from the Australian government or foreign government with your new application.

You can request to waive condition 8535, but it is in very limited circumstances that the department will waive it.

General impact

Having these conditions imposed on your visa would mean your options in exploring other visas are very limited. It will reduce the flexibility for you to switch plans or extend your stay in Australia for any other reasons than for which your student visa was granted. Students must now be very thorough in planning their education, they should especially plan ahead for a post graduate pathway while applying for a student visa. Having the conditions imposed in your visa will also effect any subsequent family members who are included in your application. They will be subject to the same conditions as you. And this would also create restrictions in bringing your partner or spouse to Australia.

Some scenarios where you can be deemed to be a high risk applicant

If you’ve been on a temporary visa in Australia for 5 years then you may be deemed to be a high risk applicant.

If you currently hold a SC 485 Temporary Graduate visa and you make an application for another student visa, this can impose a 8534 condition.

If you are enrolled in a course and you haven’t finished the course in the allotted time period and you make another student visa application can make you a high risk applicant.

If you were on SC 482 Temporary Skill Shortage Visa for a long time and then you apply for student visa can make you a high risk applicant.

If you are applying a student visa for a diploma-level course after obtaining a degree, this would make you a high risk applicant.

Conclusion

These conditions underscore Australia’s commitment to the changes that they proposed in the migration strategy. These conditions align with the new Genuine Student Test that replaced the old Genuine Temporary Entrant test. So anyone venturing into applying for a student visa must plan ahead of a solid post study pathway, in the event their visas have the “No Further Stay” condition.

Keith James

Keith James

Keith is a graduate of Monash Law School. He moved to Melbourne, Australia in 2014 and has a passion for working with migrants, who aspire to call Australia their dream home. Being a migrant himself, he has a tremendous capacity to empathise with the problems his clients face and focuses on providing them with outcomes that leads to Permanent Residency in the shortest possible time.

Keith practices in all aspects of Migration law, with a particular focus on Skilled Migration and Family visas. He stays abreast on the latest updates in state nomination criteria and has a wide range of options available to assist his clients navigate their migration aspirations.

  • LLB (Monash University, Australia)
  • Member (Law Institute of Victoria)
  • Member (Migration Institute of Australia)

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Mathekshi Rathnayaka

Highly Recommended – Beyond Grateful to Mr. Keith and His Amazing Team! I honestly don’t even know where to start or how to thank Mr. Keith and his amazing team for what they’ve done for us. I first met Mr. Keith on the 1st of August. At that time, my husband had already had three visa refusals, and after everything we had been through, we had completely lost hope. It had been such a stressful and heartbreaking journey, and I was honestly at the point of giving up and moving back to Sri Lanka. During our first meeting, Mr. Keith advised us to wait around a year before applying again. But then, following a sudden government announcement, his team contacted me and suggested that we go ahead with the application. I was honestly so scared because applying again after three refusals was a huge risk, and I didn’t know if I could handle another refusal. But we decided to trust Mr. Keith and his team and give it one last try. And I still can’t believe how quickly everything happened! Within just one week, they had prepared everything and lodged my husband’s Student Subsequent Entrant visa application. Even though everything happened in such a rush, when they sent me the documents to check and sign, I was genuinely so impressed. Everything was so well prepared, and I could see how much effort they had put into our case. That’s when I finally started to feel a little hope again. And after just 1 month and 15 days, MY HUSBAND’S VISA WAS GRANTED!! I honestly still can’t believe it. After three refusals, rivers of tears, and all those times we thought this would never happen, we finally got the news we had been waiting for. Mr. Keith, I really don’t have enough words to thank you and your team. Thank you for taking on our case, for all the hard work, and for giving us hope when we had almost none left. I would 100% recommend Mr. Keith and his team to anyone struggling with a visa application, especially those who have had previous refusals. I know how hopeless it can feel because we’ve been through it ourselves. I’ll forever be grateful to you and your team. Thank you so, so much for everything! ❤️

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Daneesha Fonseka

I had a great experience with Lavanya and Keith throughout the property purchasing process. They were professional, responsive, knowledgeable and thorough, keeping me informed at every stage and making what can be a stressful process feel smooth and straightforward. They were always happy to answer my questions, explain the details clearly and ensure everything was handled efficiently and with care. I really appreciated their attention to detail, reliability and commitment to making the entire process as seamless as possible. I would highly recommend their services to anyone looking for a trustworthy and professional conveyancer. Thank you for all your help and support!

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kavindu amugoda

I’m really grateful to Keith and the whole MJ Legal team for all the help and support throughout the process. Keith was always very helpful, professional and easy to talk to. Whenever I had questions or was stressed about something, he explained everything clearly and always made me feel supported. The whole team was really good with communication and handled everything very professionally. I’m really happy with the outcome and I truly appreciate all the work they did for me. I would definitely recommend MJ Legal to anyone who needs immigration help. Thank you so much Keith and the team for everything. I really appreciate it.

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Neth Udakara

I’m so happy to have received my visa! A big thank you to MJ Legal for their support throughout the process. Special thanks to Amasha for being so helpful, and supportive every step of the way. She and team made the whole process much easier and stress-free. Really appreciate all your help and highly recommend MJ Legal!

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