“No Further Stay” conditions on your student visa

Amasha
May 2, 2024
4 min read
Conditions.png

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.

Need Legal Assistance?

Our experienced legal team is here to help you with your immigration and legal matters.

Client Reviews

Latest from Google

Tashya Pasqual

Tashya Pasqual

Keith and his team have been professional and helped me get my visa as soon as possible! A special thank you to Thamasha who handled my case. I highly recommend them.

a month ago

Uvini Sayurika

Uvini Sayurika

I had an excellent experience with MJ Legal throughout my migration process to Australia. From the very beginning, Keith and his team were professional, knowledgeable, and highly responsive. They guided me step by step, ensuring that every document and requirement was handled accurately and on time. What really stood out was their attention to detail and their willingness to patiently answer all my questions, which made a complex process feel much more manageable. Their expertise and commitment gave me confidence at every stage. I highly recommend MJ Legal to anyone seeking reliable and efficient migration advice. Their support truly made a difference in achieving a smooth and successful outcome.

a month ago

Deepak Rameshkumar

Deepak Rameshkumar

I’m extremely grateful to Keith and the team at MJ Legal for their support throughout my migration journey. They guided me through every step and made what could have been a stressful process feel smooth and manageable. Thanks to their expertise, guidance, and constant support, I was able to successfully obtain my PR. I truly appreciate their professionalism and dedication, I couldn’t have done it without them. Highly recommend MJ Legal to anyone needing help with Australian migration!

a month ago

Thanuja Botheju

Thanuja Botheju

I would like to sincerely thank Keith, Thamasha, and the entire team for their outstanding support and professional service in helping me obtain my 482 visa. From the very beginning, they guided me through every step of the process with clear communication, patience, and great attention to detail. Their knowledge, dedication, and prompt responses made what could have been a stressful process much smoother and more manageable. I truly appreciate the time and effort the team invested in ensuring everything was handled correctly and efficiently. I highly recommend their services to anyone seeking professional and reliable migration assistance. Thank you once again for your excellent support and for helping make this important milestone possible.

a month ago

S

Sarah Johnson

Excellent service from MJ Legal. They handled my visa application professionally and efficiently. Highly recommend their expertise in immigration matters.

2 weeks ago

Google

More reviews

See the latest on Google

Read authentic experiences from our clients.