← Back to Case Studies

Condition 8503 Waived for Same-Sex Couple Facing Discrimination in Home Country

Visa TypeSubclass 820
CategoryPartner Visa

Case Summary

An applicant on a tourist visa with a no-further-stay condition (8503) who was in a same-sex relationship with an Australian citizen successfully obtained a condition waiver, and subsequently a partner visa, with arguments based on the sponsor's severe depression and the discrimination the applicant would face if forced to return to his country of birth.

Background

Our client had arrived in Australia on a tourist visa and met his sponsor, an Australian citizen, with whom he commenced a relationship. The applicant wished to remain in Australia, however his visa carried a condition 8503, preventing him from lodging any further visa application while in Australia. We first pursued a waiver of the 8503 condition, then prepared a Subclass 820 Partner Visa application. In addition to the 12-month cohabitation requirement not being met, the application also required addressing the discrimination and serious harm the applicant and his children from a prior relationship would face due to his homosexuality if returned to his country of birth.

Challenges

  • Condition 8503 barred the applicant from lodging any further visa application without a prior waiver
  • Sponsor had severe depression and was entirely dependent on the applicant for emotional and psychological support
  • The couple did not meet the 12-month cohabitation requirement
  • Significant discrimination and harm faced by the applicant in his country of birth based on his homosexuality

How We Helped

We first submitted a waiver application for the 8503 condition, arguing that the sponsor suffered from severe depression and was completely dependent on the applicant for emotional and psychological support. Once the waiver was granted, we prepared a Subclass 820 Partner Visa application and argued that compelling and compassionate circumstances, specifically the applicant's genuine relationship with the sponsor and the risk of discrimination and harm to the applicant and his children if he returned home, justified the waiver of the cohabitation requirement.

Schedule a call to discover how our experience and expertise made it possible

Key Success Factors

  • Clear 8503 waiver argument based on the sponsor's severe depression and dependence on the applicant
  • Compelling evidence of the discrimination and harm the applicant would face on return to his home country
  • Evidence of the genuine and continuing same-sex relationship
  • Thorough argument for the cohabitation requirement waiver on compelling and compassionate grounds
Schedule a call to discover how our experience and expertise made it possible

Outcome

The 8503 condition waiver was approved. The subsequent partner visa application was also ultimately successful and the applicant was granted permanent residency in Australia.

Related Cases

Subclass 300

Expedited Subclass 300 Prospective Marriage Visa Granted – Afghan Applicant Residing in Pakistan

An Afghan applicant with periods of unlawful stay in Pakistan, whose engagement to his Australian-based sponsor was conducted via a video call rather than an in-person ceremony, was granted a Subclass 300 Prospective Marriage Visa in 10 months — well ahead of the published 26-month processing time.

Read More →
Subclass 820/801

Onshore Partner Visa (Subclass 820/801) Granted After Character Referral to VACCU

An applicant whose partner visa had been refused in 2014 on genuineness grounds, and later remitted to the Department by the AAT, faced a further character referral to VACCU due to decade-old family violence convictions. The matter was resolved within 4 months and permanent residency was granted.

Read More →
View All Case Studies

Need Help With Your Visa Matter?

Every case is unique. Get personalized assessment of your situation from experienced migration professionals who understand complex immigration challenges.

Request Free Assessment