8535 Waiver & Spouse Visa & Compelling family circumstances- condition waived

September 13, 2021 - Unreported Cases

The applicant arrived in Australia on a student visa, which had the condition ‘8535 No Further Stay’ imposed on it. This prevented the applicant from applying for any further visa whilst in Australia (apart from a protection visa). The applicant’s daughter later arrived in Australia and started kindergarten.

Soon after, the applicant met an Australian citizen, the sponsor, and entered into a relationship. They subsequently married. The applicant wanted to apply for a spouse visa however the 8535 condition on her visa had to be waived in order for her to make the application. We submitted that the applicant planned to return to her native country once her visa expired, however the relationship with the sponsor was unexpected and had only transpired after the applicant had arrived in Australia on her student visa.

It was submitted on behalf of the applicant that if she were forced to depart the country, the applicant and her daughter would be separated from her husband whilst the application was being processed offshore.

The sponsor had become the only ‘father’ figure known to the applicant’s daughter, and the applicant’s daughter and her education would be severely impacted if she were to be sent back to her native country. Furthermore, as a result of their marriage, the couple had purchased a new property and had a substantial mortgage debt.

If the applicant were to return to her home country, the sponsor, an Australian citizen, would be placed in significant hardship, not only in respect of financial obligations, but also in relation to his emotional and psychological wellbeing.

The submissions were accepted and the 8535 No Further Stay Condition was waived.

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