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Discussion Starter · #1 ·
Hi guys ,

We really need your assistance !!

My partner is on Student Visa (subclass 500) and due to financial situations and family affairs , he does not want to continue his study and also needs to be out of country for 3 months with his family ASAP .

I am an Australian citizen and we have been together for over 1 year but living in the same house for around 10 months . At the moment , we are not sure what should we do under his visa conditions and can you guys provide any advice ?

Here are a few options we have come up with given his circumstances , if you have any better option, please advise . Thanks!!!:

A. Cancel his student visa

A.1 Apply for Partner Visa before he leaves the country for 3 months

Question:
1. If we apply for a partner visa and then cancel his study visa , can he leave the country with abridging visa ? or does he have to stay in AU before the temporary partner visa is granted?

A.2 Apply for Partner Visa offshore

Question:
1. he cancelled his student visa and we apply for a partner visa while he is at overseas , can this work? if so , what kind of visa do we need to apply for and are there any restrictions or things we need to consider?

B. Keep his student visa and defer his study

If we can defer his study ,upon his return to AU after 3 months , we then cancel his student visa and apply for partner visa .

I reckon the key information is :

1. he does not want to continue his study due to the financial situations and can not have enough work hours to pay off his tuition
2. AND he wants to stay and work in AU if the bridging partner visa permits

we are not sure of which one is the best solution at this stage and hope you guys can give me some advice !!

In addition , for the situation where we have only lived together for less than 12 months , how can we approve the de facto relationship in this case if we intend to apply for a partner visa as soon as possible?

Many thanks!!!!!!!!!!!!!
 

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Are you aware of the issues surrounding canceling the student visa to apply for a partner visa onshore? You might want to speak to a registered migration agent as one wrong move there and you'll find yourself in some sticky situations.
 

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I agree with Sky - speak with a good RMA.

Just a few comments on your post.

A. Cancel his student visa

A.1 Apply for Partner Visa before he leaves the country for 3 months

*** If you apply for a Partner Visa while on the Student Visa, you remain on the Student Visa with the same conditions until it expires - after that you will be on a Bridging Visa A with full work rights (no travel).

Question:
1. If we apply for a partner visa and then cancel his study visa , can he leave the country with abridging visa ? or does he have to stay in AU before the temporary partner visa is granted?

*********** Very important!!! if you cancel the Student Visa the Bridging Visa is also cancelled. You then don't have a valid visa - that's a bad thing.


A.2 Apply for Partner Visa offshore

Question:
1. he cancelled his student visa and we apply for a partner visa while he is at overseas , can this work? if so , what kind of visa do we need to apply for and are there any restrictions or things we need to consider?

*** If he were to go offshore and have his Student Visa cancelled you may be able to apply for a 309 Partner visa (you need to find out your 12 month thing for de facto). Processing times for these can be greater than a year, he may or may not due to several reasons be able to obtain a Visitor Visa to come to Australia during the waiting period - but no work is permitted on a Visitor Visa.


B. Keep his student visa and defer his study

If we can defer his study ,upon his return to AU after 3 months , we then cancel his student visa and apply for partner visa .

*** Cancelling Student Visa is very problematic onshore as for some of the above.


There are many other things and even visas that may be applicable depending on many factors. But get it wrong and like many before you it can end in years of tears.
 

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Discussion Starter · #4 · (Edited)
Thanks for your reply.

Apply for Partner Visa offshore

If we apply for Partner Visa offshore (after he cancel his student visa and go back to his country ), is Visitor visa the only option for him to come back to AU? can he get a bridging visa while waiting for the subclass 309?

Also ,

if we apply for a partner visa now while keeping his student visa (probably deferring the course for 6 months ) , can he cancel or change his student visa to Partner Visa if the partner visa is granted before his student visa is expired? Also , can he travel out of country while on student visa and bridging visa from partner visa ?
 

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Thanks for your reply.

Apply for Partner Visa offshore

If we apply for Partner Visa offshore (after he cancel his student visa and go back to his country ), is Visitor visa the only option for him to come back to AU? can he get a bridging visa while waiting for the subclass 309?

***There is NEVER a Bridging Visa for an offshore application, I doubt a Visitor Visa would be granted due time spent in Australia.

Also ,

if we apply for a partner visa now while keeping his student visa (probably deferring the course for 6 months ) , can he cancel or change his student visa to Partner Visa if the partner visa is granted before his student visa is expired? Also , can he travel out of country while on student visa and bridging visa from partner visa ?

*** I doubt you can comply with the Student Visa conditions as per your visa even if the education provider will allow the defer of study for a period of time.

*** You need to consult a RMA - this is very serious stuff. I know a bit about it as does Sky the other poster, but only enough to get you into trouble. It is very complicated and needs fine accurate planning.
 
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