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Discussion Starter · #1 ·
Hi guys,

Wondering if i can get some insights on my situation.

So I withdrew from a Master course at the end of October 2017 and left the country. The university has confirmed my withdrawal and has reported it to DIBP.

I returned on an ETA at the end of November (29 days later) to apply for an onshore partner visa. I was told the ETA would override my student visa when I enter. Out of curiosity, I VEVO'd myself and it states that my student visa is still in effect and that I am on shore. How is this possible as I have already withdrawn from my course entirely, I am not enrolled in any subjects for the current semester and purchased a valid ETA.

Could this be an error? What should I do? I do not want to be stuck with a bridging E or a Bridging A that won't come into effect until my student visa expires in 1.5 years.

Thank you!
 

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I did not think ETA's overrode the Student Visa but they were one of few that run concurrently.

Obviously you are a RMA and I an not, but that Is the reason I thought, we have so many dramas with Student Visa holders wonting to get off it - but finding there is no easy way.
 

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Discussion Starter · #4 ·
It could be an error. Your ETA should have overridden your Student Visa. Call the Department's helpline and see what you can find out.
Would calling to rectify this lead to a bridging E if I choose to apply onshore? I spoke to an agent and I was advised to lodge my partner visa application and then prove to them that I have withdrawn from my course correctly.

If the immigration made a mistake with my visa status, would they generally simply correct it to an ETA according to when I entered the country? Which is what I would hope for.
 

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Discussion Starter · #5 ·
Yea ampk, I have gone through a few threads on issues with the student visa but I couldn't find one quite like mine with an answer.

I thought it would be certain as I already withdrew back in October 2017 and IF the student visa is still in effect, I should have been contacted for breaching the full time study conditions for this semester but I have not, so that is odd.
 

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You should have waited until your student visa was cancelled. If your student visa is cancelled now, your ETA will cease as well.

601.512
Despite clause 601.511, if the applicant already holds a substantive visa that is in effect at the time of grant, the Subclass 601 visa comes into effect when the other substantive visa ceases to be in effect.

Note:If the visa period of the Subclass 601 visa ends before the other substantive visa ceases, the Subclass 601 visa never comes into effect.

601.513
If the applicant already holds a substantive visa that is in effect at the date of grant and that substantive visa is cancelled, this visa is in effect for a period that ends when the other substantive visa is cancelled.
 

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Discussion Starter · #8 ·
You should have waited until your student visa was cancelled. If your student visa is cancelled now, your ETA will cease as well.[[/I]
Thanks for your response. Yea, I guess in hindsight it would have been best to wait.

But it never crossed my mind that my student visa would still be active after being confirmed by the university I was withdrawn from the course. And I was sure at the time that the ETA would override my would-be cancelled student visa.
 

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Thanks for your response. Yea, I guess in hindsight it would have been best to wait.

But it never crossed my mind that my student visa would still be active after being confirmed by the university I was withdrawn from the course. And I was sure at the time that the ETA would override my would-be cancelled student visa.
ETA's can be very confusing, as they work differently from other visas. My previous response quotes the actual regulation.
 
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