Some Relief On Condition 8503 (No Further Stay)
Table Of Contents
Subclass 489 (Skilled — Regional (Provisional)
Subclass 190 Skilled — Nominated Visa
Schedule 2 Criteria Subclass 189 Skilled — Independent
Subclass 189 Skilled Independent Visa
Permanent Residence Skilled Visa Application
Charges Follow From Presenting False Documents To Immigration
Getting Someone Else To Sit The IELTS
Visas Cancelled For Bogus Work References
Substantial Compliance And Living In A Regional Area
Tribunal Saves Applicant From Error
Minister for Immigration & Citizenship v Li and Another
Early MRT Cases Regarding Subclass 189 Visas Are Starting To Arrive
Introduction
Some Relief On Condition 8503 (No Further Stay)
Practice Point - Always Engineer A Situation Where One Applies For This Visa Onshore
Staleness Of A Skill Assessment Is Now Defined By Law
Website And PAM Do Not Bind Immigration
Must Be Present In Australia To Apply For A Subclass 485 Visa
Application Made
Some Recent Practice Decisions & Practice Points
Preamble
NSW Sponsorship Subclass 190 Visa
Various State & Territory Criteria
Priority Group 5
The End of Subclass 175, 176 and 475
Following on from the last point, one could come to Australia with a no further stay visa but still be able to apply for a GSM visa because of the relief from 8503 (no further stay). The ‘Work & Holiday’ visas from ‘difficult countries could be useful in this regard.
One ground for waiving 8503 is the following:
Reg 2.05
(4AA) For subsection 41 (2A) of the Act….., a further circumstance in which the Minister may waive condition 8503 in relation to a visa is that the holder of the visa has a genuine intention to apply for:
(a) a General Skilled Migration visa; or
(b) a Subclass 132 (Business Talent) visa; or
(c) a Subclass 186 (Employer Nomination Scheme) visa; or
(d) a Subclass 187 (Regional Sponsored Migration Scheme) visa; or
(e) a Subclass 188 (Business Innovation and Investment (Provisional)) visa.
A similar provision applies to condition 8534 (can’t apply for further visas)