Vikki81 Posted December 21, 2014 Share Posted December 21, 2014 Hi guys Just a question out of curiosity. Lets say I was married to a man from Thailand and we had a child together. I am an Australian citizen so my so my child will be Australian citizen by birth. My husband (from Thailand) is here on a tourist visa which will expire in a month. Unfortunately he has condition 8503 on his visa - will an Australian citizen child be sufficient to waive this condition? I've heard of this situation a couple of times but never know what would happen. If anyone can shed some light it would be great Thank you :wink: Link to comment Share on other sites More sharing options...
MaggieMay24 Posted December 21, 2014 Share Posted December 21, 2014 You can try, but I've heard that having a child together isn't considered a compelling/compassionate reason to waive condition 8503. He can go off-shore and apply for a 309 visa, then hopefully return on another visitor visa. Link to comment Share on other sites More sharing options...
wrussell Posted December 21, 2014 Share Posted December 21, 2014 will an Australian citizen child be sufficient to waive this condition? No, not unless there are serious medical or other complications. Link to comment Share on other sites More sharing options...
Guest MigrateAustralia Posted December 21, 2014 Share Posted December 21, 2014 Vikki, in order to waive the 8503 condition, your husband would need to show that since his Tourist visa was granted, compelling and compassionate circumstances have developed: · over which he had no control; and · that resulted in a major change to his circumstances. Having a child is not generally deemed to be something over which you had no control. If you were pregnant at the time your husband was granted the Tourist visa, then having the child is not likely to be accepted as a major change in circumstances. You can, of course, lodge the waiver request and put forward all of the circumstances but it will be up to a case officer to decide if there are sufficient compassionate and compelling reasons for the 8503 to be waived. All the best to you and your family. Warm regards, Christel Link to comment Share on other sites More sharing options...
Vikki81 Posted December 22, 2014 Author Share Posted December 22, 2014 Thank you for the replies everyone !!!! :notworthy: Link to comment Share on other sites More sharing options...
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