Shipra Saini, an Indian citizen living in regional Victoria, says her request for more time to settle her late brother’s estate was rejected despite the legal and financial work still outstanding.
Her visa carries condition 8503, which generally restricts applications for other visas from within Australia unless the condition is waived.
An immigration lawyer has called for greater flexibility in exceptional cases involving bereavement, probate and the administration of a deceased relative’s estate.
An Indian citizen living in regional Victoria has criticised Australia’s visa system as “humiliating” after authorities rejected her request for more time to settle her deceased brother’s estate, leaving her facing a deadline to return to India with his affairs unresolved. Shipra Saini, who travelled from Delhi to Australia in 2025 to care for her seriously ill brother, said she had struggled to complete legal and financial formalities following his death. Her visa is due to expire on October 30, and she says she will have to leave the country before completing the process of settling his estate. The case has raised questions about how Australia’s immigration rules accommodate people facing exceptional family circumstances.
Visa Waiver Rejected Despite Compassionate Grounds
Saini’s brother, an Australian citizen living in Ballarat, died from a brain haemorrhage on November 1, 2025. She was left responsible for managing his estate, including obtaining a death certificate, securing probate, selling his home, arranging the shipment of belongings to India and settling outstanding expenses. In August 2026, she applied for additional time, supported by a letter from her solicitor stating that she would need at least another six months to complete the process. The application was rejected, and her existing visa conditions remained in place.
Saini’s visa carries condition 8503, commonly known as the “No Further Stay” condition. Under Australian Department of Home Affairs rules, the condition generally prevents a visa holder from applying for most other visas while in Australia unless the restriction is waived. The department says applicants must demonstrate that compelling and compassionate circumstances beyond their control have arisen since the original visa was granted and resulted in a major change in their situation. Saini said the time required for probate and the sale of her brother’s property was largely beyond her control. The department declined to comment on her individual case, citing privacy.
Immigration Lawyer Calls For Greater Flexibility
Saini told the ABC that she had spent more than A$40,000 on visa applications, living expenses and efforts to settle her brother’s affairs, relying on a loan because her visa conditions restricted her ability to work. She said she had accepted the first offer on her brother’s home because she feared running out of time. Her departure would also prevent her from attending a memorial service planned for November and from completing some remaining matters in person. “Until my brother was here, [Australia] was a beautiful country,” she told the broadcaster, describing her experience with the visa process as humiliating.
Immigration lawyer Jordan Tew told the ABC that people trying to administer a deceased relative’s estate faced circumstances different from those of visitors seeking to extend their stay for work or leisure. He argued that greater flexibility could be warranted because probate and property transactions often take longer than anticipated. Tew also warned that stricter migration settings could leave genuine applicants caught in processes that do not adequately account for exceptional circumstances. Under the department’s rules, a refused waiver cannot be reviewed by the Administrative Review Tribunal, although a fresh request may be made if substantially different circumstances arise.
