British couple fights to stay in Australia after visa denied over MS diagnosis

A British couple that has called Australia home for eight years faces the threat of deportation every day after a tragic medical diagnosis.

A young British couple who met and fell in love in Australia has been left in limbo, fearing every day they could be given just 28 days to leave the country after one of them was diagnosed with an incurable disease.

Jessica Mathers, 30, and Robert O’Leary, 31, have called Sydney’s eastern suburbs home for the last eight years and have settled in Bondi Junction.

The pair met in Sydney at a backpackers hostel in 2017 on separate working visas before moving out together to Kings Cross.

They decided to apply for a permanent residency visa in May of 2022.

But their application was rejected in 2023 due to Ms Mathers’ ongoing health condition, leaving them “completely in limbo” and facing deportation.

In 2020, Ms Mathers was diagnosed with Relapsing-Remitting Multiple Sclerosis (MS) and her condition has remained stable after receiving regular treatment under the Reciprocal Health Care Arrangement with their homeland (the UK).

Jessica Mathers, 30, and Robert O’Leary, 31, came to Sydney on separate work visas, where they met in 2017 and fell in love. Picture: Supplied.

The couple has called Australia home for the last eight years. Picture: Supplied.

“We’ve been struggling since my diagnosis,” she told NewsWire.

“The minute we applied for the next sponsorship in 2021 we were having to go through a whole new process because I now have a health condition that I declared.”

“It doesn’t seem fair at all that you can be told to leave a place where you have built your life, your friends (and) your family have been to visit you,” Mr O’Leary said.

Ms Mathers was told she would have to wait six months for the Commonwealth Health Minister to review her sponsorship application.

Ms Mathers was diagnosed with Relapsing-Remitting Multiple Sclerosis (MS) in 2020 and remains in a stable condition due to regular treatment under the Reciprocal Health Care Arrangement of their visa. Picture: Supplied.

“I lost jobs in probation because they just couldn’t wait for me any longer,” Ms Mathers said.

“I used to be an agile project manager in e-commerce, I have a ten-year career, and now I’m doing temp receptionist roles.”

The couple expressed their frustration at the frozen state of their appeal, having not realised it would be “such a fight”.

“Considering we’re English, its Commonwealth – it’s all covered under the reciprocal Medicare agreement at the present moment,” Ms Mathers said.

Mr O’Leary said he was “definitely disappointed” in how their visa application was being handled by the Australian Government.

“It’s down the lines of discrimination against us. If you worked for a company and they said ‘oh we’re going to let you go because you’ve got a health condition’ – in this day and age there would be uproar,” he said.

“Three years on from (Ms Mathers’ diagnosis) we were declined because Jess had a health condition, which is kind of that same factor of being told you can’t remain because of a health condition you were diagnosed with when you lived here.”

Ms Mathers’ condition has not stopped her from working as normal and contributing to the community. She currently works in a temporary position at a North Sydney law firm and DJs up to 12 hours on weekends.

Alongside this, she has participated in clinical trials for MS and actively raises awareness for the condition – work which got her nominated for the ‘Bondi Creative Woman of the Year’ award.

Ms Mathers works as a DJ alongside her temporary job at a law firm, as her visa status has made it difficult for her to attain full time employment. Picture: Supplied.

Mr O’Leary owns his own successful construction business and works as a carpenter, however his current visa status means his business can’t progress. Picture: Supplied.

Mr O’Leary owns his own construction business – O’Leary Cranes and Construction – and works as a carpenter, exceeding the 80 points required on his visa by attaining 110.

Despite the couple spending close to a decade working as skilled migrants in Australia and paying taxes, the government rejected their permanent residency application, citing the potential future costs of Jessica’s condition.

The couple are currently awaiting their appeal before the Administrative Appeals Tribunal (AAT). If they fail in their case, they will be given 28 days to leave the country.

“We could get the appeal date tomorrow, there’s no way of knowing, it could be next year but it could be tomorrow,” Mr O’Leary said.

“Twenty-eight days to effectively pack up your life, say goodbye to your friends – like you won’t be able to come back, not even as a visitor. So it’s see you later, you’re never coming back, your life here ceases to exist … That would be heartbreaking,” Mr O’Leary said.

The couple said it would be “heartbreaking” if they had to leave Australia. Picture: Supplied.

“We’ve met here. It’s where we’ve always been. We’ve been living together for eight years now,” Ms Mathers said. “Our whole life is Sydney.”

To gain support for their fight, Ms Mathers and Mr O’Leary have organised a change.org petition titled ‘Please do not deport me and my partner, because she was diagnosed with a health condition’.

They currently have 1815 signatures and are asking for the Minister for Home Affairs to review their case and “make changes to the immigration policies that unfairly target individuals with well-managed health conditions”, the petition reads.

“We’re trying to do something to help our situation before it reaches the final points – it might actually make a real difference,” Mr O’Leary said.

The couple hopes that their eight years of contributions to the Aussie community, economy and society is enough to grant them permanent residency in the place they call home.