Can a Child Apply for a Visa While in Australia on a Visitor (SC600) Visa?

Planning to apply for another visa for your children to remain in Australia, the process sounds simple; however, it can be complex if the child is currently holding a Visitor (Subclass 600) Visa. This is because there may be visa restrictions.

The SC 600 visa allows individuals to stay in Australia temporarily for tourism, visiting family, or business purposes. This visa generally does not permit a pathway to permanent residency (PR) or transitioning to another visa type without leaving the country due to a “No Further Stay” condition 8503.

What is the “No Further Stay” condition 8503?

A significant hurdle with temporary visas, such as a Visitor (SC600) Visa, is the “No Further Stay” condition (Condition 8503). If this condition is attached to the SC600 visa, it restricts the visa holder from applying for other visas while still in Australia.

Is There a Way to Waive or Remove Condition 8503 from My Visa?

You must apply for a waiver to overcome condition 8503, which requires demonstrating significant changes in circumstances that were not foreseeable at the time the visa was granted. Waivers are granted selectively and usually involve compelling cases. Speak with an Accredited Specialist in Immigration Law to assist in building a strong waiver based on your circumstances.

Applying for a Child Visa or Dependent Visa While Onshore

If your child is eligible for it, a Child Visa (Subclass 802) allows a child already in Australia to remain with their parents/guardian who are Australian citizens or PR. If the child’s current visitor visa does not have Condition 8503, they can apply directly for this visa. Otherwise, a waiver for Condition 8503 must be obtained before lodging the visa.

Alternatively, if a parent is applying for, or holds, an eligible onshore visa such as a partner or skilled visa, they can include the child as a dependent or subsequent entrant. Ensure that the eligibility criteria are met and check whether the current visa conditions (such as 8503) allow for this inclusion. Check the child’s visitor visa grant notice for condition 8503 or other visa restrictions. If the "No Further Stay" condition is present, gather evidence for a waiver request and submit it to the Department of Home Affairs.

Due to the intricacies of the visa process, consider consulting with an Accredited Specialist in Immigration Law - Jason Ling for tailored advice and professional assistance.

How Can Agape Henry Crux Assist

While applying for a visa from a Visitor (SC600) Visa status in Australia has its own challenges, especially with the "No Further Stay" condition, it is not impossible. Avoid visa refusal, and speak with our experienced immigration lawyers who specialise in assisting with complex cases, strategising to ensure the best results. We highly suggest that you speak with one of our Accredited Specialists in Immigration Law at AHC Lawyers. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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