Australia Forum banner
Status
Not open for further replies.
1 - 9 of 9 Posts

·
Registered
Joined
·
3 Posts
Discussion Starter · #1 ·
Hello. I have a question regarding to my student visa 573 which expires in May 2018. After I finished my study in March, I had a plan to go overseas from end of March - April so I applied for a partner visa 820 as soon as I finished my study as Homeaffair advised me to do so to avoid confusion on my arrival in Australia. They also told me I'm alright to go overseas because I hold student visa until May 12 and bridging visa A wouldn't kick in until student visa's expiry. However, I received an email from my uni on March 26 that they cancelled COE on March9 and I have 28 days from March9 to apply for a new visa, otherwise student visa would be cancelled. I was already in overseas on March 26 and I can't get back to Australia within 28days. I contacted Homeaffair to check if they cancel my student visa if I already applied for 820, and they told me they would cancel it because I'm not currently studying and I'm in overseas. They also advised me to apply offshore partner visa if it is cancelled because bridging A will be invalid as soon as student visa got cancelled and I'm offshore. Can you advise what I can do in this situation? Thank you in advance.
 

·
Registered
Joined
·
1,960 Posts
The logical answer would be come back to the country.

Your university can't cancel your visa, it has to be done by immigration. Unless things are different with student visas they usually give you 28 days to respond to an impending cancellation if that's the case then by the time they cancel your visa will be pretty much expired making the point moot, assuming they move to cancel at all with an 820 in progress - they didn't cancel my 457 despite being unemployed for 9 months.

If your visa is cancelled so it your BVA. You've dug yourself quite a hole listening to the advice of DHA.


***note I am unsure and these are more educated thoughts as opposed to correct advice - get yourself a MARA agent***
 

·
Registered
Joined
·
1,960 Posts
"If you complete the course for which your visa was granted earlier than the end date on the Confirmation of Enrolment, your enrolment will end. You are expected to make arrangements to depart Australia or apply for a new visa. If you have complied with your visa conditions while studying, your visa would not be considered for cancellation (or breaching condition 8202) within three months of completing your course. "

https://www.homeaffairs.gov.au/trav/stud/more/completing-course-early
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #4 ·
The logical answer would be come back to the country.

Your university can't cancel your visa, it has to be done by immigration. Unless things are different with student visas they usually give you 28 days to respond to an impending cancellation if that's the case then by the time they cancel your visa will be pretty much expired making the point moot, assuming they move to cancel at all with an 820 in progress - they didn't cancel my 457 despite being unemployed for 9 months.

If your visa is cancelled so it your BVA. You've dug yourself quite a hole listening to the advice of DHA.

***note I am unsure and these are more educated thoughts as opposed to correct advice - get yourself a MARA agent***
I wish I could come back if I didn't have my wedding planned in overseas. I'm currently in overseas, so DHA told me that they would cancel my student visa without any notice nor pending period. Only thing they advise me is to check VEVO until the day I come back to Australia and I might be ok if it is not cancelled by then.
 

·
Registered
Joined
·
3 Posts
Discussion Starter · #6 ·
I actually checked the same page and told it to DHA over the phone yesterday...but they said after 28days of COE got cancelled, they would probably cancel my student visa unless I'm lucky..
Thank you for your advice though
 

·
Registered
Joined
·
1,960 Posts
DHA over the phone will tell you the sky is green if it suits them on that very day.

Never ever trust anything they say. Either check the relevant legislative tools/legislation or employ a MARA registered migration agent to do it for you.

You know the exact question you need answering so a quick consult with an agent will have a minimal cost to get an action plan based on your exact circumstances.

Had you been onshore I'd be positive they wouldn't cancel the visa, being offshore may change that.
 

·
Super Moderator
Joined
·
5,266 Posts
I would stop asking DoHA for advice as they will often give incorrect information. If it was me, I'd return to Australia until the BVA has kicked in and then apply for a BVA for travelling overseas again. Applying for an offshore visa will be expensive (another $7000) and you then have to hope you can get visitor visas in order to spend time with your partner in Australia while the visa is being processed.
 

·
Registered
Joined
·
139 Posts
Hi Jen

This situation is complicated and I would suggest that you get in contact with a registered migration agent to go through your options. If you are offshore, the Department can cancel your visa without giving you a Notice of Intention to Consider Cancellation (NOICC). This means you won't have an opportunity to explain why the visa should not be cancelled. However, in some cases after the visa is cancelled, you can ask to have the cancellation revoked.

In any case, more information would be needed to provide you with proper advice. Feel free to get in contact via my email address listed below.

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.
 
1 - 9 of 9 Posts
Status
Not open for further replies.
Top