Global Select Education and Migration Services
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Sunday, September 1, 2024

Condition 8534 or 8535 | Misconceptions: What Every International Student Should Know

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Misconceptions Regarding Student Visa Conditions: What Every International Student Should Know: No Further Stay (Condition 8534 or 8535)

Navigating the complexities of a student visa in Australia can be daunting, especially when it comes to understanding the various conditions attached to your visa. One such condition that often confuses international students is the "No Further Stay" condition, also known as Condition 8534 or 8535. This condition limits your ability to apply for another visa while in Australia, leading to many misconceptions. Here’s what every international student should know.

What is the "No Further Stay" Condition?

The "No Further Stay" condition is a restriction placed on certain Australian visas, including student visas, which prevents the visa holder from applying for most other visas while still in Australia. The condition is typically imposed on visas to ensure that the visa holder adheres to the temporary nature of their stay in Australia.

Misconception #1: "I Can't Apply for Any Other Visa While in Australia"

One of the most common misconceptions about the "No Further Stay" condition is that it completely bars you from applying for any other visa while in Australia. This is not entirely true. While the condition does limit your options, there are specific visas you can still apply for:

  1. Subclass 485 (Temporary Graduate) Visa
    If you've recently completed your studies in Australia, you may be eligible to apply for this visa. It allows you to live, study, and work in Australia temporarily after you've finished your studies.
  2. Subclass 590 (Student Guardian) Visa
    This visa allows a guardian to stay in Australia to care for a student visa holder who is under 18 years old.
  3. Protection Visa
    If you fear persecution or face significant harm if you return to your home country, you may be eligible to apply for a protection visa.

These are the primary exceptions to the "No Further Stay" condition, meaning you can still apply for these visas while in Australia if you meet the eligibility criteria.

Misconception #2: "The Condition Applies to All Visa Holders"

Not all student visa holders are subject to the "No Further Stay" condition. This condition is usually imposed on students who are studying short courses or are in Australia on a temporary basis. It’s essential to check your visa grant letter or the Federal Register of Legislation to determine whether Condition 8534 or 8535 applies to you.

Misconception #3: "The Condition Cannot Be Waived"

Another misconception is that the "No Further Stay" condition cannot be waived under any circumstances. While it’s true that this condition is challenging to have removed, there are exceptions. A waiver may be granted in compelling and compassionate circumstances, such as:

  1. Unforeseen Changes
    Situations that were not foreseen at the time of visa grant, such as a significant change in your personal circumstances, may warrant a waiver.
  2. Medical Reasons
    Serious medical issues that require you to remain in Australia could be grounds for a waiver.

However, the waiver process is strict, and the Department of Home Affairs will only grant it in exceptional cases. It’s crucial to provide strong evidence to support your waiver application.

Misconception #4: "I Can Apply for a New Visa After My Student Visa Expires"

Some students believe that they can apply for a new visa after their current student visa expires, even if they are subject to the "No Further Stay" condition. This is not the case. The condition applies as long as you are in Australia, meaning you cannot apply for most new substantive visas after your current visa expires.

What Should You Do If You Have Condition 8534 or 8535?

If your visa includes the "No Further Stay" condition, it’s essential to plan accordingly:

  • Know Your Options
    Understand which visas you can apply for while in Australia.
  • Seek Professional Advice
    If you’re unsure about your options or need to apply for a waiver, consider consulting a migration agent or legal professional.
  • Stay Informed
    Regularly check the Federal Register of Legislation for the latest updates on visa conditions.

Conclusion

The "No Further Stay" condition can be a source of stress for international students, but understanding its implications can help you navigate your visa options more effectively. While the condition does impose significant restrictions, knowing the exceptions and possibilities for a waiver can provide you with some flexibility. Stay informed, seek professional advice when needed, and make sure to plan your stay in Australia with these conditions in mind.

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CourseBachelor’s DegreeMaster’s DegreeRequirements or ConsiderationsEnglish Language Proficiency (IELTS/TOEFL)Tuition Fees (per year for international students)Top Universities
Nursing
3 years1-2 yearsClinical placements required; may need specific health immunizations.Minimum IELTS 6.5; TOEFL 79-93.AUD $30,000 - $45,000University of Sydney, University of Melbourne, Monash University
Information Technology
3-4 years1-2 yearsMay require programming skills or prior coursework in IT.Minimum IELTS 6.5; TOEFL 79-93.AUD $30,000 - $50,000Australian National University, University of New South Wales, University of Melbourne
Accounting
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Engineering (various fields)
4 years1-2 yearsStrong background in mathematics and physics required.Minimum IELTS 6.5; TOEFL 79-93.AUD $35,000 - $45,000University of New South Wales, University of Sydney, Monash University
Social Work
4 years1-2 yearsPractical experience or placements required.Minimum IELTS 7.0; TOEFL 94-101.AUD $28,000 - $40,000University of Melbourne, University of Sydney, University of Queensland
Education (various fields)
4 years1-2 yearsA police clearance and working with children check required.Minimum IELTS 7.0; TOEFL 94-101.AUD $28,000 - $35,000University of Melbourne, University of Sydney, Monash University
Psychology
3 years1-2 yearsRequires strong research and psychological theory understanding.Minimum IELTS 7.0; TOEFL 94-101.AUD $30,000 - $45,000University of Sydney, University of New South Wales, University of Queensland
Occupational Therapy
3-4 years1-2 yearsMay require pre-registration or relevant clinical experience.Minimum IELTS 7.0; TOEFL 94-101.AUD $30,000 - $45,000University of Queensland, University of Sydney, Curtin University
Architecture
3-4 years2 yearsIncludes technical and creative coursework, portfolio may be required.Minimum IELTS 6.5; TOEFL 79-93.AUD $35,000 - $50,000University of Sydney, University of Melbourne, Monash University
Medicine and  Health Sciences
5-6 years2-4 yearsHighly competitive entry, includes clinical placements and internships.Minimum IELTS 7.0; TOEFL 94-101.AUD $45,000 - $70,000University of Melbourne, University of Sydney, Australian National University
State/TerritorySubclass 190 (Skilled Nominated Visa)Subclass 491 (Skilled Work Regional (Provisional) Visa)
New South Wales (NSW)Required for some occupationsRequired for some occupations and regions
Victoria (VIC)RequiredRequired
Queensland (QLD)Not typically required, conditions applyRequired for some occupations and regions
South Australia (SA)Not typically required, conditions applyRequired for some occupations and regions
Western Australia (WA)Not typically requiredNot typically required
Tasmania (TAS)Not typically required, conditions applyNot typically required, conditions apply
Northern Territory (NT)Not typically requiredNot typically required
Australian Capital Territory (ACT)Required, uses Matrix systemRequired, uses Matrix system