All student visas may be subject to a no further stay condition. Primarily this is the 8534 condition. If imposed on a student visa, it means the student cannot apply for another visa whilst in Australia. ie. the student must travel offshore and apply again from overseas.

The condition is imposed at the discretion of the case officer deciding the visa application. So how do you ensure you don’t receive an 8534 condition?

The first thing to be aware of is the Assessment Level. This will largely determine whether or not an 8534 condition will be imposed.

The second aspect is the duration of the course enrolled in.

Where the course is less than 10 months duration, and the assessment level of a student is 3, then it may be likely that an 8534 condition will be placed on the approved student visa.

If the applicant provides sufficient evidence of funds, 8534 may not be imposed provided that the Case Officer is satisfied that it would not be appropriate to impose an 8534 condition.

 

In short, if your Assessment level is 3, and you are applying for a new student visa, seek professional advice to ensure you do not unnecessarily have an 8534 condition imposed which would cause difficulties in staying in Australia after completing your new course.

 

For advice on the student visa, contact us at PAX Migration Australia for a consultation.