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Discussion Starter · #1 ·
Hoping someone can offer some advice.
International student part way through studies on a student visa 500.
To be married soon.
Problem is both he and his Australian citizen partner live interstate.
She is in Queensland, he is in New South Wales.
She is half-way through her degree and doesn’t wish to move to NSW to be with him whilst he remains on his student visa to study. Financially it would be difficult for both if she moved to be with him interstate.
He would like to cancel his student visa and move interstate and apply for the partner visa 820 once married.

My question is:
1. Once married in Australia, can he cancel his student visa and immediately apply for the partner visa 820? Is there a bridging visa that would allow him to remain in Australia whilst the onshore partner visa is being processed?
2. Or should he return to his home country, cancel his student visa, apply for a tourist or bridging visa and the offshore partner visa 309 and return to Australia?
3. Or should he return to his home country, cancel his student visa, apply for a tourist or bridging visa and return to Australia and apply for the onshore partner visa?

Any advice would be greatly appreciated.
 

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Is a bit more to it than that - married wont make a difference if the relationship evidence is not there.
 

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My question is:
1. Once married in Australia, can he cancel his student visa and immediately apply for the partner visa 820? Is there a bridging visa that would allow him to remain in Australia whilst the onshore partner visa is being processed?

** If you cancel the student visa (you have no visa), the only bridging visa you can apply for then is a Bridging Visa E. It is unlikely you would be allowed to apply for another visa from the E visa.
If you apply for the 820 then cancel the Student Visa, you will have also cancelled the Bridging Visa A that is attached to your Student Visa and again need a Bridging Visa E that has NO travel rights or work rights (work rights can be applied for). Note E is for Evil.

2. Or should he return to his home country, cancel his student visa, apply for a tourist or bridging visa and the offshore partner visa 309 and return to Australia?

** You can not apply for bridging visas offshore, a Visitor Visa can be applied for but no guarantee it will be granted (see 12/18 below)



3. Or should he return to his home country, cancel his student visa, apply for a tourist or bridging visa and return to Australia and apply for the onshore partner visa?

** Having been in Australia (I assume) for some time now, the no more than 12 months in Australia in previous 18 months may be applied and make it difficult to be granted a Visitor Visa and if granted the No Further Stay condition may be attached - the means they can not apply for a Partner Visa onshore with that condition.

I would not get married until the visa process is better known...
 

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How much time is left on his student visa? Is transferring his studies to QLD an option?

If he cancels his student visa after applying for the onshore partner visa, he'd need to apply for a BVE which has some severe limitations. The No Work Rights may be overcome if he can successfully show financial hardship and the work rights may be given. But the travel rights cannot be added so if he had to go overseas for any reason, he'd have to hope he can return on a visitor visa in order to have the partner visa eventually granted. So most people avoid a BVE unless there are no other options.
 

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Given the complexities and variables of the various options I would strongly advise you to see a registered migration agent, discuss all the different options and potential consequences , so you can make an informed decision on the best way forward. Cancelling the student visa will vastly complicate the situation. I think all international students should be told this up front, considering how many identical inquiries we get on the subject.

Yes, I know, professional advice costs money, but it is only a minor expense compared to international student fees, partner visa application fees and potential AAT fees.
 

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Hi guys I have a very similar issue:

I am currently on a Student Visa 500 - I was applying for a transfer of my scholarship to another faculty which was declined and I had to withdraw from my studies.
I used the 28 day period to apply for a partnership visa, was granted an inactive BVA. Only now have I realized that if my student visa is cancelled so will my BVA.

Online I found this:
"If you are notified by the University that your Confirmation of Enrolment (CoE) has been cancelled, you will have 28 calendar days from the date of CoE cancellation to either leave Australia, obtain a new CoE, or apply for a different visa subclass. After this 28 day period has elapsed, it is likely that DHA will cancel your student visa. Even if your student visa is not cancelled, however, it is unlawful to remain in Australia on a student visa without an active CoE any longer than the 28 day allowance. The penalties for remaining in Australia unlawfully may include detention, deportation, and / or the imposition of a three year ban on returning to Australia."

Today is the 32nd day and I was wondering if I am already unlawful and what I can possibly do in my situation?

If anyone could help me I would be super grateful.

Cheers, Chris
 

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What date were you notified that your CoE was cancelled?

Best have a chat with a RMA to work out a plan actually plans by the look of it.
 

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Transfer the school, and move to same city is a better option. Then apply the 820 visa.
 

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Transfer the school, and move to same city is a better option. Then apply the 820 visa.

I used the 28 day period to apply for a partnership visa, was granted an inactive BVA.


That's a snappy $7,000 extra!

They have already applied for the 820 visa.

The granted "inactive Bridging Visa A" is the give away.
 

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In these situations it is best to speak to a registered migration agent. There are many variables involved and I wouldn't be basing my choices off someone else's experience. Their circumstances may have been different to yours and therefore their advice may not apply to you. Timeframes are crucial as well and you need to make sure you are calculating these correctly.

Kind regards

Lisa Ira (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 and should not be relied upon. 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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In these situations it is best to speak to a registered migration agent. There are many variables involved and I wouldn't be basing my choices off someone else's experience. Their circumstances may have been different to yours and therefore their advice may not apply to you.
Well said, Lisa. Every application is unique and should be treated as such. Trying to copy someone else's application is fraught with danger.
 
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