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Waiver Request

A No Further Stay waiver request allows visa holders in Australia to ask the Department of Home Affairs to waive the No Further Stay condition on their visa, enabling them to apply for another visa while still in Australia under certain exceptional circumstances.

What is a No Further Stay condition?

A No Further Stay condition on a visa means you cannot apply for most temporary or permanent visas while you are in Australia. To apply for another visa, you usually need to leave Australia first unless you obtain a waiver of this condition.

When can you request a waiver?

You can request a waiver if there has been a major change in your situation that is beyond your control and could not have been prevented. Examples of valid reasons include medical inability to travel, death or serious illness of a close family member, natural disasters, war or civil unrest in your home country, or your school being unable to provide your approved course.

Reasons that are not valid for a waiver include marriage or starting a relationship with an Australian citizen or permanent resident, failing a course, pregnancy, or not knowing the condition was attached to your visa.

How to check if your visa has this condition

Check your visa grant letter or use the Visa Entitlement Verification Online (VEVO) service to see if your visa has a No Further Stay condition.

How to request a waiver

Submit your waiver request before your current visa expires using the No Further Stay waiver request form online. You must complete all questions and attach supporting documents such as your passport biographical page and evidence supporting your claim (e.g., medical reports). Documents not in English must be accompanied by accredited English translations.

If you cannot complete the online form, you can use Form 1447 (No Further Stay waiver request PDF).

Each visa holder must submit an individual waiver request.

After you request a waiver

Submitting a waiver request does not automatically waive the condition. The Department will assess your request and notify you of the decision. They may ask for more information, which can delay processing.

If your visa expires before a decision is made, you become unlawful and must ensure you hold a valid visa for your stay.

If the waiver is granted

You can apply for another visa while in Australia. However, there is no guarantee that the new visa application will be granted.

If the waiver is refused

You will not be able to apply for most substantive visas while in Australia. Some specified visas may still be available depending on your visa conditions.

The decision to approve or refuse a waiver is final and cannot be reviewed by the Administrative Review Tribunal. If your circumstances change significantly after refusal, you may lodge a new waiver request.

 

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