I just had a prospective client contact me a few days ago. His wife is in Australia on a subclass 676 tourist visa (visitor visa), and it has a Condition 8503 on it. This Condition means “no further stay”, and is commonly applied to visa grants from Third World countries whom the Department consider a flight risk. The applicant may not make another visa application whilst in Australia. No visa extensions. No nothing! She must leave the country before it expires.

Now, the problem is she’s pregnant and is having some health problems. Her doctors don’t want her to travel. And her visa expires late Feb 2012! She needs to leave, but she can’t fly. What can she do?

It is possible to apply for a waiver of the 8503 Condition, if there are compelling and compassionate circumstances. By no means a “sure thing”. They don’t allow waivers very often, and a poorly formatted waiver application could easily fail.

We HAVE had success with 8503 waivers before, and we do believe we could help. However, the client appears to want to do this himself. He sent me a copy of the letter he had written, and I told him bluntly that he needed professional help. He has yet to respond.

Two issues here which confuse me. First and foremost, why on earth would a man endanger the security of his wife’s migration status by trying to take on something he knew nothing about and was clearly beyond him? Migration Law is a specialist area. Why not call in an expert and increase your chances of success? We actually had three lawyers as clients in 2011, because they were smart enough to know when to use a specialist.

I can only think that this incident was an attempt to save some money. Which is why I say “What price do you put on a visa?” What’s it worth to keep your wife out of immigration detention? I’d like to think they wouldn’t do this, but they would be within the Law to do so. How about deportation? How about partner visa applications taking several years to process, or being refused? Either way it means the possibility of being apart for years, with no certainty of ever being together. Is it worth saving a few bucks for?

The second issue is that we ourselves have to earn a living. We’re not a free information center. Trying to get free information is an attempt to rob us of our livelihood. Not nice! We’re reasonably priced, and more than worth our professional fees. Please feel free to contact Jeff Harvie and Down Under Visa. Always insist on a Registered Migration Agent.