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
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
