In 2019, Kah Lawyers assisted a Chinese couple with an application for a Visitor Visa (Frequent Traveller Stream). The couple have a daughter in Australia who has a young family. They wanted the flexibility of being able to travel as when they could for the next 10 years so that they could see their daughter, their son-in-law and spend time with their grandchildren. The couple’s visas were granted and they were able to visit Australia as and when it suited them. They were allowed to stay for up to 3 months upon each entry.
2019年，Kah Lawyers成功帮助一对中国夫妇申请了访客签证（十年旅行常客签）。这对夫妇的女儿，女婿，外孙和外孙女都长期生活在澳洲，所以他们希望能尽可能的往返中澳和家人团聚享受天伦之乐。十年旅行常客签使他们可以在签证获批后的十年内往返中澳，不过，每次入境澳洲他们最多只可以停留三个月且该签证附有8503不得延期逗留条款.
In January 2020, the couple travelled to Australia while on this visa so that they could spend Chinese New Year with their daughter and her family. In early February 2020, they booked a flight to depart Australia on 31 March 2020 (i.e. well before the expiry of their stay period). Unfortunately for this couple, on 26 March 2020, the Civil Aviation Administration of China (CAAC) published a notice stating that the number of inbound international flights would be limited. The next day, their flights were cancelled.
2020年1月，这对夫妇赴澳与女儿一家欢度春节，并于2月上旬预订了3月31日回中国的航班。但由于中国民航总局（CAAC）于2020年3月26日发布的一份通告 – 为控制疫情，往返中国的国际航班数量将大幅减少。随后，这对中国夫妇回国的航班于27号被取消。
The couple tried booking for alternative flights to depart Australia but there were no flights available prior to their visas expiring. The couple were well aware that their visas were subject to visa condition 8503, i.e. the No Further Stay Condition. As such, they contacted our office to seek legal advice and assistance on their migration options.
尽管该夫妇屡次尝试预订回国机票，但目前并无回国机票可供预订，恐怕只能继续留在澳洲。他们深知自己的签证即将过期且受8503不得延期逗留条款的限制，因此这对夫妇联系了Kah Lawyers，以寻求专业得法律建议和帮助。
What is “No Further Stay Condition”?
什么是不得延期逗留条款？
The “No Further Stay Condition” (otherwise known as Visa Condition 8503) is a mandatory condition that appears on Visitor visas (Family sponsored stream) and Visitor Visa (Frequent traveller stream). The condition is a discretionary one for those who hold a visitor visa (tourist stream). Basically, this condition mandates that a visa holder cannot apply for another substantive visa while in Australia unless it is a protection visa.
根据澳洲移民法，十年旅行常客签(Frequent traveller stream)和探亲访客签(Family sponsored stream)一定会附加不得延期逗留条款 （也叫8503条款）。 而对于持有普通游客签证(tourist stream)的旅客，该条款则由移民官根据个案酌情决定。简单来说，8503条款意味着，签证持有人在进入澳洲后的逗留期间，将不允许申请除庇护签证（Protection Visa）外的任何实质性签证。该签证持有人必须在离开澳洲后，才能进行其他实质签证的申请。
Visa holders can apply to the Department to request for this condition to be waived. They have to demonstrate to the Department that circumstances must have developed since they were granted the visa which are compelling and compassionate, and are beyond their control. Requests must be in writing and they will be assessed on a case by case basis.
但是签证持有人可以向澳洲移民局提出豁免不得延期逗留条款的申请。申请者必须向移民局证明，自获得签证以来，产生了令人信服和同情的情况并且超出了申请人自身的控制范围。该申请必须以书面形式提出，澳洲移民局将根据具体情况进行评估。
How did Kah Lawyers assist the couple?
Kah Lawyers 为这对夫妇提供了怎样的法律帮助？
Kah Lawyers argued that at the time the couple entered Australia, the COVID-19 epidemic was restricted to Wuhan. We also pointed out that at the time the couple booked their flights to depart Australia (i.e. in February 2020), the WHO had not declared this epidemic to be a pandemic. As such, the couple had no way of knowing that the Chinese government would take steps to impose travel restrictions to prevent a second wave of infection from affecting China.
Kah Lawyers向澳洲移民局指出当夫妇俩进入澳大利亚时，COVID-19疫情仅限于中国武汉，且在这对夫妇预订飞往澳洲的航班时（即2020年2月），世卫组织尚未宣布COVID-19冠状病毒为全球大流行病。因此，这对夫妇无法预知中国政府将采取国际旅行限制的措施。
We pointed out that the couple’s flight to depart Australia on 31 March 2020 had been cancelled, and that their visas were due to expire in early April 2020. Further, the notice from the CAAC pointed out that a further policy may be implemented to further reduce inbound international flights. This meant that even if the couple could secure another flight to depart Australia prior to their visas expiring, there was no guarantee that the airline would honour the flight booking.
Kah Lawyers向澳洲移民局沟通中强调，这对夫妇的签证将于2020年4月上旬到期，但他们所预定的2020年3月31日的离境航班已被取消。中国民航局通知指出，中国可能会实施进一步的政策以减少入中国境内的国际航班。这意味着，即使这对夫妇可以在签证到期之前买到另一趟飞往中国的航班，也无法保证航空公司是否会取消航班。
Our submission was lodged with the Department six days before the couple’s visas were due to expire. The Department’s website states that waiver requests can take up to 28 days to process. Fortunately, a day before the couple’s visas were due to expire, the Department agreed with our submission and granted the couple’s request to waive the No Further Stay Condition, allowing them to lodge a visitor visa onshore so that they could make preparations to depart Australia.
这对夫妇的签证到期前六天，我们向澳洲移民局递交了法律意见书。澳洲移民局官网显示，豁免请求起码需要28天才能处理。但由于我们极有说服力的法律意见书，在这对夫妇的签证即将到期的前一天，移民局破天荒地在五天内批准了我们的豁免申请，允许该夫妇在澳洲境内续签访客签证。
If your visa is subject to a “No Further Stay Condition” and your departure flight has been cancelled, please contact our office for a telephone or Skype conference on (02) 9689 3173.
如果您的签证附有8503不得延期逗留条款，并且您的回国航班已被取消，请致电（02）9689 3173与我们的办公室联系以进行电话或Skype法律咨询。
If your request to waive the “No Further Stay Condition” has been refused and you need advice on lodging an application for a Bridging Visa E, as well as the implications on your migration history of departing on a Bridging Visa E, please contact our office for a telephone or Skype conference on (02) 9689 3173.
如果您的不得延期逗留豁免申请被澳洲移民局拒绝，并且您需要申请过桥签证E的建议，或者您需要持有过桥签证E离开澳洲对您今后访澳的影响的法律建议，请致电（02）9689 3173与我们的办公室联系以进行电话或Skype法律咨询。
Disclaimer: This information is current at the time of publication and subject to change. The contents of this blog post is provided for general information only and Kah Lawyers does not accept any liability for any damages suffered by persons who relied on this information. This information does not constitute as legal advice and is not intended as a substitute for legal advice.
免责声明：此信息在发布时为最新信息但可能随时更改。本博客文章的内容仅供参考，Kah Lawyers对依据此信息遭受的任何损失不承担任何责任。此信息不构成法律建议，也不能替代法律建议