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Applying for partner visa with student visa (changing course)

4K views 6 replies 4 participants last post by  CCMS 
#1 ·
Hey there,

I currently hold a student visa which expires in December of next year but I'm going to change my course for a shorter one with the same education provider. The new course finishes in November of this year. Both courses are included in visa 573, so I don't need to apply to a new visa. I have been told that even if the visa expires the same day (December next year-Date is not changed after changing for a shorter course), I'll have to leave Australia about two months after my course finishes. However, I'm going to apply for a partner visa and I was wondering if when I finish the new course, my student visa will finish or be cancelled. I know the bridging visa A will get cancelled if my student visa get cancelled, but I will be able to get the bridging visa A if my student visa finishes. Do you know if I can pass to the bridging visa A when I finish the new course? or will it get cancelled?

Thanks :)
 
#2 ·
If your student visa simply expires and you have an onshore partner visa application in the system, your BVA will come into effect once the student visa ceases. If the student visa is cancelled, the associated BVA will be cancelled too and you'll have to apply for a BVE.
 
#4 ·
You will be issued a BVA as soon as you lodge a valid partner visa application while holding your student visa. The BVA will sit in the background as long as your student visa is in effect. The moment your student visa is cancelled the associated BVA is also cancelled.

So there's no question about whether you will be issued a BVA. The real/only question is whether your student visa will be cancelled. If you finish your courses in Nov. 2016 and your visa isn't due to expire until Dec. 2017, I'd be surprised if your student visa wasn't cancelled.
 
#7 ·
I am wondering why does the BVA get cancelled when your student visa is cancelled. And can it be prevented somehow?
It is specified in the migration regulations that if the substantive visa that you held when you were granted the BVA is cancelled, then the associated BVA is cancelled as well.
 
#6 ·
Thanks for your answer Maggie-May24.

Hey markvar. Sure, I will do it.

Also, I read on another post that if the student visa get cancelled, I could apply for a bridging visa E while I am waiting for the answer of 820 visa application. However, this one will not allow me to work. Is it true that I could apply for this visa? And how easy is to get a permission to work holding a BVE?

Thanks in advance for your advice.
 
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