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Discussion Starter · #1 ·
Hi there,

I looking for help and information about my particular situation, because until now nobody told me right information.

I stay in Perth with tourism visa (3 months and without 8503 conditions "no further stay") that expire 31 August 2012 and I wish remain in Australia, so I have applied to 570 student visa

The first answer of immigration department was that I must show them exceptional reasons (as policy or physical reason) to apply inside Australia, because I'm Russian citizen and Russia has 3 Assesment level, so in theory I can to apply to first student visa only from Russia.
The problem is that I don't live more in Russia, because the last two years I lived in Italy with my husband (he's Italian).

So I would understand this following things:

1) can I to apply only from Russia or, considered my circumstances, also other country (i.e. indonesia or every other country)?

2) if immigration office will answer me negative, can I to apply to other visa (i.e. tourism visa)?

3) if immigration will answer me negative, how many days I have before to leave Australia?

4) my husband has the working holiday visa (1 years and it will expire 31 may 2013) but i believe that the partner visa is not possible with whv, is it right?

Sorry for my english and thanks a lot for help!!

Angela
 

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I'll give this my best shot and probably others have more valuable points to add as well.

1) can I to apply only from Russia or, considered my circumstances, also other country (i.e. indonesia or every other country)?
If you have a No Further Stay on your Tourist Visa - there are only a few ways to get this waived for as far as I know:

The circumstances in which the Minister may waive [condition 8503] are:
(a) since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:

(i) over which the person had no control; and

(ii) that resulted in a major change to the person's circumstances; and

(b) if the Minister has previously refused to waive the condition, the Minister is satisfied that the circumstances mentioned in paragraph (a) are substantially different from those considered previously; and

(c) if the person asks the Minister to waive the condition, the request is in writing'.

Because this is law, it is not possible for the department to consider waiving the condition for any other reasons.
From what I can tell - but I may be wrong - none of this applies to you. If I am correct about that you might have to accept that your only way to get back into Australia is to apply for a visa *offshore* - this can be any other country, just remember that the processing of a visa may take a while so you should apply from a country where you are legally allowed to stay the whole time you are waiting. So it doesn't have to be Russia, but it does have to be a country where you are legally allowed to stay of course.

2) if immigration office will answer me negative, can I to apply to other visa (i.e. tourism visa)?
Technically you can apply for as many visas as you like but from what I have understood the more you get rejected the worse it looks for you the next time, so pick your visas carefully with this. I also remember there being a limit of how many Tourist Visas you're allowed to have in a certain period of time. For instance if I enter Australia on a tourist visa for 3 months I am required to leave Australia again for 3 months before I can apply for another one - I'm not sure if the rules would be the same for you but just remember that if there was the option of endless tourist visas in a row, it probably wouldn't be a tourist visa.

3) if immigration will answer me negative, how many days I have before to leave Australia?
I stole this off the website "Future In Australia" and it describes it pretty well:

"In some circumstances you do not need to leave the country. From the date of your visa rejection , you have 28 days to go for an appeal at MRT for a review of the DIAC decision. Sometimes even if your visa got refused, you will have chances to apply for another visa. This is totally based on case to case and individual circumstances."

So basically regarding this I would just contact your Case Officer (I'm presuming you have one since you are applying for a new visa) to ask them about this right away to make sure that you get the correct answer for your individual circumstances.

4) my husband has the working holiday visa (1 years and it will expire 31 may 2013) but i believe that the partner visa is not possible with whv, is it right?
You mean that he can't sponsor you on a partner visa if he is on a WHV? Definitely not, sorry :( in order for someone in Australia to sponsor a partner to come to Australia, they need to be an Australian citizen or permanent resident, and on a Working Holiday Visa he is far from either. Sorry to bring the bad news...
 

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If your current visa does not have the 8503 condition. You can apply for 570 student visa within Australia. The assessment levels are for evidenciary requirements for finance and living arrangements. They dont require you to go back to Russia. Just sounds like the Department might like you to go back first.

If you have the 8503, you have little or, no options. Best leave and apply outside Australia.

Partner visa - Not an option for you.

If the visa is refused, you will be subject to a 'Section 48 Bar' which will really limit the visa options available to you. You would probably have to leave Australia.

You could withdraw your current student visa application, and apply for another 676 tourist visa. You are able to stay a maximum of 12 months on 1 or more 676 visas.
The second 676 will probably have a 8503 condition on it though.

To be eligible for your 570 visa, you must have enrolled in a eligible ELICOS course, and have evidence that you have been accepted, This information will have to be in your application.

But, remember, there is no requirement to be inside Russia for your first student visa.

Ausstart National Immigration
Chris Evans
Registered Migration Agent
 

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Discussion Starter · #4 ·
Thank you very mich for all your answer!!!! One more question i understand that in my situation DIAC will rifuse my Student Visa 570 for 99%. So it is better to withdraw my current student visa application NOW and haven't in my "visa history" any refused visa? Also because I want to go out of Australia
for apply once more for the Student visa and to be sure that this time I will get a visa. I understand right that it is better to withdraw and haven't any refuse?
Thank's!
 

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A student visa for an assessment 3 level country is very difficult to rush. You will be required to provide evidence that you have access to over $20 000AUD just for the living costs. It does not matter if you are intending to only study for 3 months of 18 months. That is the requirement.

Also you are required, with the application to include a CoE( Certificate of Enrolment) or a letter of offer. If you didnt provide this information, the application will be refused.

If the 8503 is on your visa, they will not refuse it. Your application is simply invalid. The application will not be considered.

BUT, if the application is refused, you will be then subject to a 'Application Bar' which will prevent you from applying for another visa (one that would benefit you) while you stay in Australia. You would have to leave.

If you didnt provide the required details with your student visa application, i would recommend withdrawing the application.

The safest option would be applying for another tourist visa. You will get another 3 months.

If you think your student visa will be refused, then WITHDRAW it.
Apply for another tourist visa. You might have the 8503 condition on it. But, you might be lucky.
 

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Discussion Starter · #6 ·
Hello. Thank's very much for good advice.I already have done withdraw and in few days go out from Australia for repeat once more my riquest for Student VISA 570.I have other question about health insurance.I have now corrent insurance Europe Assistance till May 2013. Is it important to change it for MediBank or i can do apply with my insurance?And other thing if i have to do x ray for check my health before leave the Australia?
 

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The health insurance needs to cover you for duration of your studies. Travel insurance expires after a short time. So make sure your Medibank (on any other OHS) starts at least on the last day of your current insurance expiration.
 

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Boboa is right. The insurance will be required to cover your intended stay in Australia --- that would be until the end of of your intended studies. You do not have to complete the medical and x-ray examination before the visa can be granted. You do not have to provide the results with the examination. The case officer will request them from you when they require them. When they make this request, they will give instructions on where it can be completed, and when they would like it completed.

Yeah, they were right. any visa application made by citizen of a level 2,3,4,5 country must first apply outside Australia if its there first student visa application. Unless, exceptional circumstances apply. Just found that. Applirs to all visa subclasses.

You definately are making the right decision.
 

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Discussion Starter · #9 ·
Thanks for your help,

Only one thing about insurance: I have an insurance that cover me completely until May 2013 (When I'll finish my course and will leave Australia), but other people told me that for student VISA is need to have MediBank or another Ohs insurance. And in this way how to do this insurance (web site?)
I looking for information about this.

Thanks
 

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Hi again

The Australian Department of Immigration will require you to have OSHC (Overseas Student Health Cover) provided by an Australian insurance compnay. They will not accept your overseas insurance.

YOu dont have to have the medibank insurance. There are a few different options.

YOu can find out more here.
Department of Health and Ageing - Overseas Student Health Cover - Frequently Asked Questions

Half way down the page, you can find a few different insurance companies. You will have to find out which offers the best rate.

You can apply for this online. It should be provided to the department before a decision is made.
 

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