8503 waiver & Expired Visitor Visa & Condition waived

September 13, 2021 - Unreported Cases

The applicant travelled to Australia on visitor visa, which had the 8503 No Further Stay Condition’ imposed on it. After the applicant’s entry into Australia, she met an Australian citizen man, the sponsor, and they commenced a relationship. The applicant and the sponsor subsequently married.

The applicant wanted to apply for a spouse visa, however due to the imposition of the condition 8503 on her visa, this meant that the applicant would have to prove there were compelling and compassionate circumstances that would warrant the grant of a visa.

We submitted that the applicant and sponsor were in a genuine spousal relationship and the sponsor depended significantly upon the applicant for support and assistanceĀ  especially so, as the sponsor was in need of urgent surgery and required post-surgery care. We further argued that the need for surgery occurred after the applicant had arrived in Australia on her visitor visa. The applicant always intended to return to her country at the expiry of her visa, however there was an important and substantial change in both the circumstances of the applicant and sponsor since the applicant was granted her visa.

The 8503 condition was waived and the applicant was permitted to apply for a partner visa.

Originally posted on May 5, 2011 @ 2:00 pm