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Waiver of condition 8503 due to pregnancy and illness - Condition waived

The applicant and the sponsor met each other on an online website. They commenced their relationship two years later when the sponsor visited the applicant in the Middle East. The applicant then came to Australia to visit the sponsor on a tourist visit.

During the visit, the sponsor became pregnant with the applicant’s child. The sponsor and the applicant married, and the sponsor wanted to apply for a subclass 820 partner visa. However, the applicant had an 8503 condition on his visa, which meant that the applicant could not apply for any visa whilst he was still in Australia, with the exception of a protection visa, unless the condition was waived.

We submitted an argument for a waiver of the 8503 condition due to compelling and compassionate circumstances, bringing attention to the complications during the sponsor’s pregnancy. We also submitted that the applicant’s daughter had a medical illness and the applicant’s medical background meant that he would be of great benefit if he were able to stay in Australia.

The argument was successful and the couple’s eventual partner visa application was successful also.

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