What is a "no further stay"

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What is a "no further stay"


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Old 01-25-2011, 04:36 PM
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Smile What is a "no further stay"

Hi all,
I just wanted to say first how happy I am to have found this site! I have just begun my visa application for PMV and am so darn overwhelmed at all that is requested.
1.) In looking at posts and information online, many people warn against getting a No Further Stay on their passport. What does that mean?

Is this something I need to be worried about? Would I know if I had one? How do you get one?

I am in America (where I am from) and my partner is in Australia. I cant wait for all this to be over so I can just move there and start our life together--even though I know it will be a long process.

One more question:
2.) Once my application is lodged can I go to Australia on an ETA for three months while waiting for the PMV to be approved?


thanks all!!!!


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Old 01-25-2011, 06:16 PM
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If condition 8503 ( NO FURTHER STAY) has been imposed on your visa, it means you cannot apply for another visa (other than a protection visa or a temporary visa of a specified kind) to extend your stay while you are in Australia. Once you depart Australia condition 8503 will not prevent you from applying for other visas.

For more information about that visit: http://www.immi.gov.au/media/fact-sh...dition8503.htm

As for traveling while waiting for your prospective visa to be assessed you can do that as long as you notify your embassy on the dates you will be in Australia. I have applied for the same visa and I will be going to Oz on February for 3 months on an ETA.


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Old 01-26-2011, 12:32 AM
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Just further to what Luthien says and for his own info re travelling,
. you do not need to be concerned about the NFS when applying for a PMV as the PMV is an offshore visa that provides a pathway to a partner visa as you'd realise and never any NFSs involved whereas the NFS is applied mainly to visitor visas.

. and that can mean if you travel to Australia on a visitor visa, it could have an NFS but it dos not so much matter as you will need to leave Australia to have the PMV granted and it is probably advisable to apply for at least a six months visa to allow for plenty of processing time so you do not need to leave earlier than when a visa may be ready for granting.
The other alternative is to apply for the ETA which is a multiple entry visa for three months at a time but without a NFS condition and so you could apply for a visitor visa while in Australia to extend the stay to grant time but still need that trip abroad for granting.

There is however a potential trap

It is possible to apply for an offshore skilled visa while in Australia and perhaps in it being something of an anomaly, though it is not Immi policy, when that occurs and a person is in Australia on another visa, Oz Immi have been notifying people that they need to make arrangements to take their trip abroad to have the visa granted, perhaps goodwill and seeing that there are reasonably few numbers.

The Onus however is on the Applicant to be in the right place
Going back a while, there was previously a refence to perhaps having a visa rejected and that still is the case in Booklet#1 on P46 but more so for an onshore visa, there being earlier references to notifying Immi about address changes and travelling though the policy re checking prior to submitting for granting is less clear.

Thus I say potential trap for recently another poster in the US was told by the Washington Immi people that she could put her visa grant in jeopardy by travelling to Australia whilst it was being processed.
By that, it would be meant that if a check was not made on the applicants location when the visa was ready for granting and it was submitted for granting, it would be rejected because the person would be in Australia.
I am unaware of whether the granting process allows for a backward step in that situation but the general rule is if a visa application has been rejected, that's it other than making an appeal.
http://www.immi.gov.au/allforms/booklets/1127.pdf
The wording in the Booklet #1 is no clearer though it does refer to onshore visas:
Quote:
If you have applied in Australia, you must ensure that, before you travel outside
Australia, you have a visa to return. Otherwise, you may not be able to return to
Australia and, if your partner category visa application is refused while you are outside
Australia, you may not have a right of review.
That may be because offshore family visas do get determined by offshore offices and they may have their own particular approach.

If I was an offshore applicant I would certainly lodge a Form 1022 to advise them of when I travelled to Australia and also request advice from the office where I lodged the application to see if they would have an approach of making contact to advise on leaving Australia because of a visa grant being imminent, a reference to Booklet #1 and relevant clauses being used to highlight the situation.
Responses could range from negative in not getting one to receiving a positive affirmation.





Last edited by Wanderer; 01-26-2011 at 12:45 AM.

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