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Discussion Starter · #1 ·
Hello,

My name is Casey and I am writing on behalf of my partner who has recently moved from the UK to start a life with me here.
We are both extremely happy to have finally applied for his BVA which was granted almost Immediately.

However, it initially escaped our notice that it wont be put into effect until his current visiting visa expires which is extremely inconvenient as he was offered a job opportunity starting next week. This opportunity is not the kind that will come around again soon so we are eager to know whether or not the visiting visa can be cancelled or if the granting of the BVA still allows him to start work immediately.

We will ring up tomorrow but are wondering if anyone would know the answer to this as it's after calling hours.

Many thanks to anyone who answers!
 

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Common Mistake

Dear Casey,

Yes it is the most common misconception for applicants when they apply for a visa. Its good you have brought this issue up in the forum. Well done!

I will make it clear for others here too...

The rule is...... Until your Substantive Visa is Granted, Your Current Visa and its Conditions are Still In Effect...

EXAMPLE:
Joe Blogs is a student studying an advanced Diploma in Hospitality. While working his 20 hours in a fine dinning restaurant his employer offered Joe a sponsorship to work as a chef and to sponsor him for a 457 work visa. Joe is excited and thinks he is free of the student visa and its work limitations...Joe therefore stops his study, starts working fulltime while waiting for his 457 approval...

Joe's students visa is valid till May 2018. Until his 457 is approved, Joe is still on this student visa... The bridging visa Joe got for the 457 visa is only IF his student visa expired while waiting or the outcome of the 457 visa. It only sits in the "background" to "bridge the gap" if an applicants current visa expires while waiting for the outcome of the other.

Sooooooo.. back to Joe.....

Immigration send to Joe a NOTICE OF CANCELLATION (NOC) that his Visa is cancelled as he did not adhere to conditions of his student visa which were 1) be enrolled in a course and attend, and 2) work 40 hours per fortnight while in school term or full time only during semester break or at conclusion of course.

POINT TO NOTE HERE

Until your new visa has been approved, you are still ON YOUR CURRENT VISA.

Applicants think that once they have "applied" then they can stop studying.... NO this not the case and can cause a CANCELLATION of the student visa which will mean that you are automatically UNLAWFUL and have to leave Australia.

There is no other way Casey to cancel your current visa or withdraw it. It will be until the new visa has been granted that the current visa will no longer be in effect.

I strongly advise you to do your best and wait it out and adhere to the current visa conditions. If immigration find out, the consequences will be worse than it is waiting..

I hope I have helped :0

Askmonifromoz
 
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