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Changing from student visa to de facto visa (801)

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Old 07-22-2009, 10:12 AM
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Changing from student visa to de facto visa (801)

Hi guys!
Has anyone changed from a student visa to a de facto visa?
My problem is: I submitetd my application last week, and haven't got a CO yet, and I'm going overseas in 2 weeks for 4-5 weeks. I went to the diac to ask for a bridging visa B but they said that was not necessary as long as I hold a student visa with multiple travel permit. They told me the bridging visa A stays in the background of my student visa until oct 2010 (when it expires) and by them, if they haven't made a decision yet, I need a bridging visa, but they asked me to go back there when I come back to Australia to fill out the form 1005 to ask for another bridging A to stay on the background as it will cease when I leave the country (but it's also going to stay in the background waiting for my student visa to cease).

They said that I don't need to attend school anymore and my visa won't cease before october 2010. But another guy told me that there is a slight chance of my student visa be cancelled when I'm overseas. I am worried now, because if I am reported by the school and they cancelled my visa while I'm overseas, I probably won't be able to come back and my spouse application will be cancelled. Can the school still cancel my visa even if I'm already bridging?

If anyone has been through the same situation and could post I would really appreciate the information

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Old 07-22-2009, 11:35 PM
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From what you've said, sounds like whoever you've seen at DIAC is saying your application for a spouse visa supercedes your student visa and that's the real question for as as you know a student visa validity is dependent on you being in attendance at an approved course.

You can apply for another visa whilst already on one, no problem with that but as you say, if your student visa gets cancelled and your existing bridging visa is nullified by you leaving the country, what visa do you have to get back in? - none!

I'd certainly clarify with immigration about how you'll be placed, best to get it in writing via an email if possible.
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Old 07-23-2009, 03:11 AM
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Yes, I've been there twice to get a bridging visa B (with permission to travel), talked to 3 different people, and they all said that my student visa is unlikely to be cancelled, and asking for a bridging B would be a "waste of money". Unlikely doesn't mean impossible and I can't have any doubts about this. The bridging visa A stays in the background in case my student visa expires, right? My thoughts are: if they cancel my student visa for any reason, and I have a bridging visa B instead an A in the background, I can come back. But why do they keep saying I don't need a bridging B?? I'll be paying $80 for it!! And if I'm in Australia I don't have to go to school anymore (they told me that) but if I go overseas I have to go to school? Very confusing!!
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