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Discussion Starter · #1 ·
My parents are in Australia on family sponsored visitor visa mutiple entry with 8503 and 8531 conditions. Their will expire after 1year. If they apply for 8503 waiver now, Will that request be rejected on basis that still they have 1year left on visa. And they should apply near visa expiry? Many thanks in advance.
 

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My parents are in Australia on family sponsored visitor visa mutiple entry with 8503 and 8531 conditions. Their will expire after 1year. If they apply for 8503 waiver now, Will that request be rejected on basis that still they have 1year left on visa. And they should apply near visa expiry? Many thanks in advance.
Condition 8531 cannot be waived.

If a visitor stays in Australia beyond their authorised period, they have not complied with a visa condition and any bond lodged in respect of that visa may be forfeited.
Non-compliance with condition 8531 may result in a 5 year ban during which time the sponsor cannot sponsor another applicant for an FA-600 visa in either the Sponsored Family stream or the Tourist stream.


Obtaining a waiver for condition 8503 is not easy. It's there for a reason.
 

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Discussion Starter · #4 ·
Are there compassionate and compelling circumstance to justify a waiver that arose AFTER the visas was granted?
Yes the reason being my wife is pregnent and I have a 8months old daughter. My wife cannt manage all of this alone. Even in future with 1infant and one daughter. Thats why i am applying for waiver.
But my question is can i apply for waiver anytime? Or only near expiry of visa? My parents visa still valid for one year. Can i apply for waiver now?
 

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Yes the reason being my wife is pregnent and I have a 8months old daughter. My wife cannt manage all of this alone. Even in future with 1infant and one daughter. Thats why i am applying for waiver.
But my question is can i apply for waiver anytime? Or only near expiry of visa? My parents visa still valid for one year. Can i apply for waiver now?
You have just received free advice from 2 well respected Registered Migration Agents, who, I am sure would be happy to reiterate their advice for money!
Getting pregnant while having another infant is something faced by many people, and certainly would not be considered a compelling reason in the eyes of the department!
 

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Yes the reason being my wife is pregnent and I have a 8months old daughter. My wife cannt manage all of this alone. Even in future with 1infant and one daughter. Thats why i am applying for waiver.
But my question is can i apply for waiver anytime? Or only near expiry of visa? My parents visa still valid for one year. Can i apply for waiver now?
Your wife has you to assist with your children.

Myself a few years ago suddenly found myself a single parent (the children's mother was admitted to a mental hospital).

I had three children 3, 9 & 12 at the time. I had recently started a aircraft maintenance company and still growing my customer base. We were in a rural area with no public transport to schools or childcare, so I needed to drive the kids every day. I also needed to take them on regular basis to visit their mother at the ward 50km away. I also formed a fuel company (hardest thing I have ever done) with 2 friends and ran this company including all transactions for the first two years.

I managed and the kids are fine - 8 years later.
 

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The minister asked why her husband could not assist with a newborn, the wife having been concurrently diagnosed with a very serious illness, involving chemotherapy and no certainty of the outcome. I obtained a letter from his CO, confirming that the husband had just returned for a theater in the Middle East and could be deployed anywhere in the world at 24 hours notice. 8503 waivers were granted, and were automatically applied to the subsequent visitor visas.
 

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I can understand why a waiver was obtained when the wife was concurrently diagnosed with a very serious illness. Simply being pregnant with another under 1 year old would, in my opinion, not meet the criteria and I would be surprised if Immigration thought differently. Lots of parents manage two small children on their own.
 
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