ABOUT MIGRATION LAW LETTER 2022

Running head: MIGRATION LAW
MIGRATION LAW
Name of the Student:
Name of the University:
Author Note:

MIGRATION LAW1
To
Anna Walker,
Australia.
Subject: Letter of advice
Dear Ana,
Thanks for giving us an opportunity to serve you as a migration agent. As we have
discussed in the meeting, you have overstayed your Visitor (Subclass 600) visa for about 1
week. Though your visa has expired already one week back, 28 days grace period is allowed
to apply for a new visa under the provisions of the Migration Act1. Hence time is there to
apply for a fresh visa. Being a registered migration agent, I can assure you that I will always
act according to the prescribed law of the country as given in clause 2.1 of the Australian
Code of Conduct2 for registered migration agents.
However, it has come into my notice that your visitor visa is subjected to two conditions
of 8503 and 8101. Under the provisions of the said Act, 8503 condition is a mandatory
condition and it prevents the application of a new visa in Australia other than Protection Sub
class 866 visa.
The 8503 condition provides a ‘no further stay’3 criterion which prohibits the visa holder
from applying many permanent as well as temporary visas when they are staying in
1 The Migration Act 1958.
2 Australian Code of Conduct, clause 2.1.
3 "No Further Stay Waiver", Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visa-
conditions-subsite/Pages/no-further-stay-waiver.aspx>.

MIGRATION LAW2
Australia. Protection Sub class 8664 visa allows an applicant to stay in the country for an
indefinite period, work as well as study in Australia, enroll for health care schemes. It even
allows applying for citizenship once the applicant becomes eligible. This type of visa is
usually for the refugees who are seeking asylum due to the fear of persecution in their
original home country because of race, nationality, religion and other similar type of reasons.
The Protection Visa has some benefits too. By holding this, you can live as well as work as a
permanent resident in Australia. Moreover, you can have access to the Centrelink services
and Australia's health care scheme. Thus due to the condition 8503 on your Visitor visa, you
cannot apply to any other type of visa.
Moreover, it has come into my notice that condition 8101 is also imposed on your
previous visa. As per 8101 visa, you will have no right to work in Australia. As per the
conversation we had, it is seen that you have not violated these two conditions. Hence, there
is no limitation on you. You can easily apply for Protection Sub class 866 visa.
As per the provisions of the said Act, the conditions needed for Protection visa are as
follows:
 The applicant must be on a valid visa in Australia and not by any illegal arrival,
 The applicant must meet the protection duties of Australia,
 Applicant is not prevented from lodging application of Protection visa,
 The applicant satisfies the health as well as the character need.
4 Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/
protection-866>.