Condition 8503 Waived and Partner Visa Granted Due to Pregnancy Complications
Case Summary
An applicant on a tourist visa whose visa carried a no-further-stay condition (8503) sought to apply for a Subclass 820 Partner Visa after the sponsor fell pregnant. We successfully argued for the condition to be waived due to compelling medical circumstances.
Background
Our client had come to Australia to visit his sponsor, whom he had met online. During the visit, the sponsor fell pregnant with their child. The couple married, and the sponsor wished to apply for a Subclass 820 Partner Visa with the applicant as the primary applicant. However, the applicant had a no-further-stay condition (condition 8503) attached to his visa, which prevented him from applying for any further visa while remaining in Australia, other than a protection visa, unless the condition was formally waived.
Challenges
- Condition 8503 barred the applicant from lodging any further visa application without a prior waiver
- Compelling and compassionate circumstances required to justify the 8503 waiver
- Medical complications during the sponsor's pregnancy needed to be documented and highlighted
- Applicant's medical background had to be presented as a relevant factor in the wellbeing of the family
Outcome
The 8503 condition waiver was granted. The subsequent Subclass 820 Partner Visa application was also successful, allowing the applicant to remain in Australia with his family.
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