8534 condition & Partner visa application & Condition waived

September 6, 2021 - Unreported Cases

The applicant arrived into Australia on a student visa. The applicant later met and entered into a relationship with her Australian citizen partner. Subsequently, the applicant and her partner wished to make a partner visa application, however the applicant’s visa was subject to a 8534 condition. This condition prevents any applicant from lodging any other substantive visa applications (with the exception of a protection visa).

We submitted a compelling argument that the applicant’s circumstances changed since her arrival in Australia, which would call for the waiver of the condition. We focused upon the applicant’s partner’s mental health issues, the support that the applicant provided to him, and the significant hardship that would ensue if the applicant were to leave.

The submissions were accepted and the condition was waived. The applicant was able to apply for a partner visa.

Originally posted on May 3, 2011 @ 2:00 pm