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Waiver of 8503 condition due to compelling circumstances - condition waived

The applicant was originally from a Pacific Island nation and had come to Australia on a tourist visa. Whilst in Australia, she began a relationship with an Australian citizen and they eventually married. The applicant wanted to apply for a subclass 820 partner visa, however there were two obstacles: firstly, she had overstayed her initial visa; secondly, there was an 8503 condition on her visa, meaning that she was not allowed to apply for any other visa whilst she remained in Australia (apart from a protection visa).

Firstly, we made an application to waive the 8503 condition. We argued that there were compelling reasons for the applicant to stay in Australia: her husband was ill and was both physically and emotionally dependent on her. We also submitted evidence that the applicant had suffered physical and sexual abuse in her native country and would experience severe trauma if she were to go back. These arguments were successful and the 8503 condition was waived.

We then assisted the applicant in applying for a partner visa. We outlined the couples’ co-dependency and gave evidence showing the genuineness of their relationship.

The application was successful and the applicant was able to stay in Australia.

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