Will this be considered as "compelling and compassionate"?

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Will this be considered as "compelling and compassionate"?

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Old 06-15-2011, 03:55 PM
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Will this be considered as "compelling and compassionate"?

Hi all,
I am in Oz visiting my partner.
I am here on a 676 visitor visa valid for 6 months with a 8503 "no further stay" condition on it.

My partner was involved in a car accident with her motorbike 4 weeks ago.
Fortunately she is alive and in one peace.
Unfortunately she is extremely traumatized by the event.

She is a full time student and suffers acute HDAD disorders, I have been looking after her ever since the accident, her emotional state is very fragile and she suffers extreme anxiety and needs a lot of support and attention.
The thought of me having to go back home and being apart for several months before we can apply for the de facto visa is causing both of us a lot of stress, I accompany her pretty much everywhere since the accident and help her with all daily tasks, she is having trouble studying if I am not in the room with her, I accompany her to all her medical appointments, she gets very anxious in public transportation and freaks out if I am not there with her, she suffers sleep disorders and mild eating disorders as a result of the trauma.

The thought of leaving her to her own devices for several months is very unsettling to both of us.

She is seeing a psychiatrist for her HDAD and she is going to a psychotherapist every 2 weeks.

My question is do you think I have a chance of getting my 8503 condition waived based on our circumstances?

This was definitely beyond my control, my circumstances changed dramatically as my partner became very emotionally dependent as a result of the accident, my leaving will cause her a great deal of hardship and distress, there is medical evidence of both the accident and her psychological condition.

Her therapist, our friends and flat mates all can confirm both our relationship and her situation.

We can't apply for de facto visa just yet, but in the meantime I just want to be able to stay and take care of her.

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Old 06-16-2011, 01:27 AM
Join Date: Dec 2009
Posts: 895
Users Flag! From australia

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Hi there,

I suggest giving it a try. Though they have a reputation as being unhuman at times, I would like to think they have a heart somwhere

You need to gather as much strong evidence as you can - doctors'/ specialists' reports, stat. decs from friends etc that you mentioned above.


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Old 06-16-2011, 11:13 AM
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Mari, just out of interest what does the acronym HDAD stand for? Sorry to hear of this unfortunate situation that you are in. I hope it works out for you.

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Old 06-16-2011, 01:16 PM
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Oh, I meant ADHD, but since I have it myself I often get these funny spelling mistakes.

Thank you both, I actually have some more questions on the subject, first of all – we have registered our relationship (she is a NSW resident) and this would normally mean that we will get the 12 month requirement waived, however, she herself was sponsored in the past and so we have to wait until august 2012 – the end of the five year period since she was nominated before we can lodge our De Facto application anyway, but I wonder if that will affect their decision on whether or not to grant me the waiver, can this actually be a disadvantage somehow?

Also, I will have to go to NZ in a couple of weeks as my visa is 6 months – multiple travel, 3 months at a time. This is just a regular 676 visa, not an etraveler and my migration agent told me that I can just go to NZ for 2-3 days at the end of the first 3 month period and come back to OZ for another 3 months without any problems, however I worry emigration will give me a hard time re entering OZ, I don’t want to stay in NZ for longer than several days as I am afraid to leave her alone for extended periods, and I just generally worry about what might go wrong and what to tell or not tell if asked questions while re entering OZ, do you have any thoughts on this? The whole thing is just freaking me out and the stress is making my mind go into overdrive.

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