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Discussion Starter · #1 ·
Hello!

I recently came back to Canada for the holidays. I'm currently on a Aus student visa but want to cancel it and start apply for 820. Although I'm seeing how quickly the 309 visas are being granted, I'm wondering if that's a better method for me to go?

Also do both partners need to be offshore, or only me?
 

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Hello!

I recently came back to Canada for the holidays. I'm currently on a Aus student visa but want to cancel it and start apply for 820. Although I'm seeing how quickly the 309 visas are being granted, I'm wondering if that's a better method for me to go?

Also do both partners need to be offshore, or only me?
That is a tough decision you will need to make.

Correct, offshore partner visas are generally processed much quicker than onshore - but you have to apply outside Australia and can only travel on visitor or tourist visas once you apply offshore until it is granted.

Where as onshore (820), will generally take longer to process, however you will be in Australia with your partner, and when your current visa (tourist or visitor) expires you will be granted a bridging visa, which will give you full working/study rights while you wait for the 820 to be processed.

No, only the applicant has to be offshore, not the sponsor.

One thing I am not knowledgeable on is your student visa - I do not know the facts so just be careful and look into the conditions of cancelling your student visa before going down any partner visa path.
 

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Due to the fact you have been in Australia (I assume) for a fair amount of time - you might not be granted a Visitor Visa, or allowed entry on a ETA.

What is the reason for wanting to cancel the Student Visa?
 

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If you apply for the 820, you apply while you're in Australia on a valid visa (e.g. your student visa) and you get a bridging visa that lets you remain if your existing student visa expires before the 820 is granted. If you cancel the student visa, then you have no visa at all and you immediately become illegal. You could immediately apply for a bridging visa E but it doesn't have any work or travel rights so if you have no way to re-enter Australia if you needed to leave for any reason.

If you cancel the student visa and then try to get a visitor visa to re-enter before applying for the 820, you may get some serious questions from DHA regarding your intentions and you may get a refusal on the visitor visa.

As said above, the 309 means you apply offshore and can visit during processing, and you need to be outside Australia when they grant the visa (they would contact you if you're here and tell you to make a short overseas trip).
 

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I am getting the impression the OP is currently in Canada on vacation.

They are considering a 309 application as its faster, than coming back and applying for a 820.

* They need to find out all the implications of cancelling the Student Visa before they do.
 

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Discussion Starter · #6 ·
Yes that's correct. I would cancel the student visa while in Canada, then apply for 309 visa.. Or should I apply for 309 then cancel the student visa?
 

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Discussion Starter · #8 · (Edited)
Well I didn't want to rush into getting the partner visa (we've been together 3 years) so I did a student visa and I've been in Aus for 4 years total. So I think I'm focused on trying to be more permanently settled, so we're wanting to apply for the partner visa.
 

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If you apply offshore and cancel your Student Visa - after living the last 4 years in Australia there is a good chance you will have a Visitor Visa refused, you might get an ETA but that wont guarantee you entry into Australia. Often they restrict time spent in Australia to 12 months in last 18 months for these visas.

If you return on your Student Visa after an offshore application and then cancel your Student Visa that will make you illegal and you will need to immediately apply for a Bridging Visa E. This has no work, study or travel rights.

I am not 100% certain from being a 309 application - by you need to be aware that you might then need to meet Schedule 3 requirements. Nothing you have mentioned to date seems you could meet it, so if you are required to meet Schedule 3 and can not your visa application will be refused and loss of application fee.

There are other problems too such as application ban that maybe applicable.

So you will need to find out 100% from I suggest a good RMA before cancelling that Student Visa.
 

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I am not 100% certain from being a 309 application - by you need to be aware that you might then need to meet Schedule 3 requirements. Nothing you have mentioned to date seems you could meet it, so if you are required to meet Schedule 3 and can not your visa application will be refused and loss of application fee.
Fairly certain Schedule 3 only applies to onshore applications (i.e. 820) when applicant is not a holder of a substantive visa. If 820 applicant is on a Bridging Visa, the way to avoid Schedule 3 is to leave Australia and apply for 309 offshore.
 

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Cheers tij,

Yes I know it is certainly a 820 issue and not sure if a 309 has impacts of doing the same.

But it needs to be confirmed as the risk is very high. And the OP very low on detail such as when current visa expires and if they want better work conditions or just not pay study fees - wanting to apply for a 820 or a 309 is not a valid reason to want to cancel the Student Visa.
 

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When does your student visa expire? Before making any decisions, you may want to speak with a migration agent as they can better explain what can/cannot be done based on which visa you're holding and where you are.
 
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