The visa Condition 8558 is a discretionary condition which states that the visa holder must not remain in Australia for more than 12 months in any 18 month period. The intention of this condition is to maintain the integrity of the visitor visa program while facilitating longer stays by parents of Australians.
This condition may be applied to a Visitor Visa (Subclass 600). Condition 8558 is a visa condition that does not allow a visa holder to stay for more than 12 months in an 18 month period. It is a discretionary condition that may be imposed on visitor visas that are valid for more than 12 months, allows multiple entries and allows at least 12 months stay on each entry. It is quite common for parents visiting Australian residents to see this condition on their visitor visa grant. This condition is used to help enforce the genuine temporary stay requirement on a visitor visa.
The difficulty with this condition is that calculations are based on “any 18 month period” as opposed to 18 month period cycles. This means a visa holder with this condition in Australia needs to calculate the total stay in the last 18 months from every further day the visa holder remains in Australia. Alternatively, a visa holder may choose to calculate if they have spent at least 6 months in the last 18 months have been spent outside of Australia.
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