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Discussion Starter · #1 ·
Hi guys,

I am currently on a ETA 601 Visa and applied for a Student Visa onshore which was rejected. I would like to appeal my case under the AAT. From my understanding I will only be granted a bridging once my ETA visa expires. The issue I have is that my current ETA has a period of stay requirement of 3 months on each arrival. (This is valid till February 2018).

Once my AAT appeal has been submitted, do I still have to leave within 3 months of my entry (1 November 2017) or can continue to remain in Australia until my AAT matter is heard?

Thanks in Advance.
 

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If you are granted a bridging visa then it will come into effect once the 3 month stay period expires, if you leave and renter then the 3 month clock will reset.

You need to have the bridging visa granted before you stay beyond the 3 months otherwise you will become illegal.

If you are appealing a case it may be an idea to contact a registered migration agent for assistance.
 

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Hi John

Sorry to hear about your student visa refusal. Have you considered reapplying for the student visa rather than lodging an appeal? The reason I ask is that AAT reviews are currently taking almost a year to be determined, and the cost of applying for an AAT review is $1,731. On the other hand, making a new student visa application would only cost $560 and take 1-2 months to process.

I would suggest seeking the advice of a migration agent/lawyer to look at why your initial student visa was refused and try to address any deficiencies in the new application. At least you can move forward with your life that way, instead of being stuck in limbo for a year (and paying an extra $1,171!)

Kind regards

Lisa Ira (nee Wulfsohn) (LLB.BA.GDLP)
Principal Migration Consultant (MARN 1467616)
Proxy Migration

e: [email protected]
w: www.proxymigration.com.au

Disclaimer: This message is general in nature does not constitute migration or legal advice. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.
 
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