前几天来了一个客户，请求我协助递交885 签证。 可是他的签证上有8534 no further stay. 移民局告诉他如果有这个条件必须离境后申请签证。他怀着试一试的态度来找我们。 我看了他的情况后，发现他根据Mig reg. 2.05 (5A)实际上是可以不用离境的。
Mig reg 2.05 (5A) 是一条不大常用的移民法条款。 我帮他递交了885申请，今天下午打电话去问移民局，问什么时候grant bridging visa, 什么时候扣签证申请费 .借我电话移民局的签证官显然忽视了这一条。问我：“have you made a valid visa application?” 我回答 ：”sure.” 然后移民官对我说：“ His visa got condition 8534 which prevent him from making the valid application.”我回答： “ the condition must be waived according to Migration regulation 2.05(5A)” 然后移民官愣了一下。让我等一会。 15分钟后，他回来了 对我说。”Ok. the condition is waived and the visa application is deemed to be made on 2/2/2011. ” 今天晚上我就拿到了移民局发给我的确认信。
这里我简单介绍一下 Mig reg 2.05
Mig reg. 2.05 规定了waive no further stay condition 的几种情况
1 reg 2.05(4)(a)
(a) since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:
(i) over which the person had no control; and
(ii) that resulted in a major change to the person’s circumstances;
2 reg 2.05 5A
(5A) For subsection 41(2A) of the Act, further circumstances in which the Minister may waive condition 8534 in relation to a visa are that the holder of the visa:
(a) has completed the course for which the visa was granted; and
(b) has a genuine intention to apply for a General Skilled Migration visa.
reg 2.05 6
6) For subsection 41(2A) of the Act, further circumstances in which the Minister may waive condition 8534 in relation to a visa are that the holder of the visa is a registered nurse, or satisfies the requirements for registration as a registered nurse, in Australia.