Most of the time visa applications go smoothly. And seeing as we do partner visas (spouse visas, fiancee visas, prospective marriage visas, de facto visas) all day everyday, what is stressful and uncertain to most people is not so hard for us. Harder than the average person thinks, but not so hard for us.

But sometimes things go wrong. I’ll tell the story of a client now (no names mentioned) just to help others understand what can happen. 

She lodged a partner visa (Subclass 309 offshore temporary partner visa) in Manila with us earlier in the year. We also lodged a Subclass 676 visitor visa (tourist visa) at the same time, so they could be together instead of apart during the waiting period. We do this for most clients, and it makes the process so much easier on them. She was granted a 12-month stay, which means she can stay a maximum of 3 months before she must leave the country and return again.

Well, as can tend to happen, she becomes pregnant. Just before she has to leave, she gets some complications and her doctor forbids her to travel by plane. If she doesn’t leave by a certain date, she becomes unlawful (illegal). She can’t apply for another visa onshore, because she has a Condition 8503 on her visa, which means “no further stay”. This may be waived under circumstances which are “compelling and compassionate”, and a number of other criteria written into legislation (Migration Regulations (Cth) 1994). Not easy to get a waiver. Can’t apply for another visa. Can’t leave. She’s pregnant, therefore is worried. And the DIAC staff are far from comforting.

Without going into details of how we did it, yes we fixed it. We got the 8503 waiver. She’s now in Australia legally. I’m certain she would tell anybody that she was very glad not to be alone and to have us in her corner fighting for her. We never let a client down! That’s our rule. Not all our clients are as well-mannered as this particular lady, but we fight for them just as hard as the very nice clients.