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Compelling Reasons: Emotional, Psychological and Physical Hardship

The Applicant arrived in Australia on a Tourist Subclass 676 visa with condition 8503 imposed. The Applicant met the Sponsor in Australia and they began a relationship shortly after. However, the Applicant’s Tourist visa expired and she became unlawful. The Applicant and Sponsor then had two children together. The Applicant made an application for an 8503 waiver and was successful in securing this with the help of Immigration Solutions Lawyers (‘ISL’). The Applicant then instructed ISL to lodge an 820 Partner visa application. The application was not straight forward due to the lodgement date being in excess of 28 days after the expiry of her last substantive visa. Therefore, the Applicant did not satisfy the Schedule 3 criteria and ISL had to submit that there were compelling reasons to waive those criteria.

The Applicant lodged the Partner visa when she was unlawful because she was unable to return to her home country; she was pregnant and unmarried which is highly stigmatized in the Applicant’s home country. It is serious enough for mothers to commit infanticide due to the fear of the negative reaction from their community and family. Therefore, the circumstances leading up to her becoming unlawful were beyond her control.

ISL submitted that there were compelling reasons for the Applicant to remain in Australia. Being forced to leave would inflict significant emotional, psychological, physical and financial hardship on the Applicant as well as the Sponsor and their children. The Applicant and Sponsor had grown to rely on each other significantly, and had two children together. They would have experienced significant financial hardship if she was forced to leave the country due to the fact that the Applicant would not be at home to look after the children. Therefore the Sponsor would no longer be able to work full time to support their family. It is unlikely that the children would have been able to accompany the Applicant as one of the children suffered from some medical conditions. Moving to a country in the Asia-Pacific region where there are less advantages healthcare services would have been detrimental to the child. Separating the children from either the mother or father would also have been detrimental; children need both parents to be involved in their lives and Separation Anxiety Disorder can result from separation from a parent.

ISL was successful in securing the grant of a Partner (Temporary) (class UK) Partner (subclass 820) visa for the client.

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