Successful Case Study – Offshore, Pregnant With Australian Child, Stayed in Australia Unlawfully for Months
This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.
We were contacted by a distraught family. Parents and husband were in Australia but wife was overseas and just had a visitor visa refused. Other agents told her another visitor visa application was the best option but immediately we disagreed.
If you have been unlawful in Australia for more than 28 days (like our client was), you need exceptional circumstances for a tourist visa to be granted. The client was pregnant with no support in her home country so the circumstances were exceptional but there were so many factors against the grant of a tourist visa such as: little incentive to return to her home country, previous visa non-compliance, the fact that she had been in Australia for more than 12 month which triggers concerns of DeFacto residency plus we couldn’t exactly say she just wanted to come for a holiday if we wanted to rely on her pregnancy.
Bianca Chisari, Director and Senior Migration Lawyer/Agent MARN1573911 of Condor Migration right away prepared to lodge a medical treatment visa for the client. We can never guarantee the outcome of any visa, but we were confident.
The visa was lodged 19 June and granted on 16 July without any no further stay condition (8503). A huge relief for our client who can give birth in Australia next to her husband and with the support of her parents. On her tourist visa she can also lodge a partner visa so she can become an Australian permanent resident.