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Hi all,

I would really appreciate any information anyone has that might assist with my partner's current visa situation.

I am from Australia and my partner is from Colombia. He is currently on a student visa until 2021. We are also living together, and have registered our relationship in NSW. Very soon, we would like to apply for a partner visa. At the moment the cost of living is very difficult due to his work limitations and the high costs of study, so ideally, we would like him to be on another visa ASAP.

From what I understand, I know that if he cancels his student visa once he applies for a partner visa, his bridging visa will also be cancelled and he will get a bridging visa E and will need to apply for work rights. So doing that isn't really an option.

Therefore, I have two main questions about different possibilities:

1. If he cancels his student visa, and then we apply for the partner visa before the 28 day period after cancellation ends, will he get the bridging visa? Is there any issues in doing this?

2. Our other option is to apply offshore and live in Colombia while we await the partner visa to be approved. If he cancels the student visa, and we both return to Colombia and apply from there, would this be ok? Do you think there will be any issues with our approval given the cancelled visa? If we get married in Colombia, will this change the process at all?

Has anyone else had similar experiences? Any advice?

Thank you so much for your assistance!

Sam
 

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From what I understand, I know that if he cancels his student visa once he applies for a partner visa, his bridging visa will also be cancelled and he will get a bridging visa E and will need to apply for work rights. So doing that isn't really an option.

** I think he has to apply for the Bridging Visa E.

Therefore, I have two main questions about different possibilities:

1. If he cancels his student visa, and then we apply for the partner visa before the 28 day period after cancellation ends, will he get the bridging visa? Is there any issues in doing this?

** From memory this introduces the requirement to meet Schedule 3 as not on a substantive visa at time of application.

2. Our other option is to apply offshore and live in Colombia while we await the partner visa to be approved. If he cancels the student visa, and we both return to Colombia and apply from there, would this be ok?

** Yes.

Do you think there will be any issues with our approval given the cancelled visa?

** You need to answer the question in the Partner Visa application about cancelled visas and from memory there is a place to explain why - a visa cancelled by your request is not an issue.

If we get married in Colombia, will this change the process at all?

** Basically not, getting married changes very little but can be problematic at times if the relationship length is short.

Has anyone else had similar experiences?

** Yes many have been in your boat.

Any advice?

** Think long and hard before cancelling the Student Visa.

**** Learn to count! that's not 2 "main" questions.
 
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