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Requirements for dependent applicant in a partner visa application

The Applicant travelled to Australia with her son, on a Student Guardian Visa. Attached to this Visa was Condition 8534, which prevented the Applicant from making onshore applications for further stay. In other words, if she wished to extend her visit in Australia, she would have to relocate offshore and apply offshore.

The client met her partner in Australia and wished to lodged a partner visa application and include her son in her application.

We successfully waived the 8534 condition on medical and psychological grounds. Our Waiver Argument was, without a doubt, strengthened by comprehensive psychologist reports and other medical evidence, which indicated that the Sponsor heavily depended upon the Applicant and her son for his mental welfare.

The Department accepted the compelling reasons for the waiver of Condition 8534.

After successfully waiving Condition 8534, our firm applied for an Onshore Partner Visa on the Applicant’s behalf. We included her son in this Partner Visa Application. The Department took over fifteen months to process this Partner Visa Application, but in the end the client’s partner Visa was granted.

If you are seeking to apply for a Partner Visa and wish to include a dependent in your Application, this case confirms that it is possible to do so if your arguments are presented correctly.

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