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Discussion Starter · #1 ·
My partner is on a student visa at the moment.
The student visa expires in June/2018.
We recently applied for a Temporary partner visa, my understanding is that you automatically get a BVA with this visa, but does not come into effect until your current substantive, his student visa, ends.

We are travelling from 11/12/17-1/2/18.
We want to end his student visa ASAP. In order to do this we have to give his college 3 months notice.
If we were to theoretically submit the cessation of studies notice to his college on the 1/12/17, therefore the 3 month notice would end on 1/3/18, does this jeopardise his ability to travel on the student visa or come back into the country during this 3 month giving notice period, specifically from 11/12/17 - 1/2/18.

Thank you!
 

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Do you realise that if your partner cancels his/her student visa then the Department also cancels the underlying BVA. Your partner will become unlawful and have to apply for a BVE. The BVE has no work and no travel.
 

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Discussion Starter · #3 ·
This is not my understanding. He was granted his BVA when we applied for the partner visa. Please explain why cancelling the student visa would impact the BVA.

Thanks!
 

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This is not my understanding. He was granted his BVA when we applied for the partner visa. Please explain why cancelling the student visa would impact the BVA.

Thanks!
As Jeremy said, if you cancel your student visa when you have applied for another visa, the Bridging Visa A associated with the new visa you have applied for will also be cancelled. So you will become unlawful and then you have to apply for a Bridging Visa E with no travel rights. It is not a good idea to do this. That's just how the system works. Read the migration regulations, if you don't believe it.
 

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Yes, a bad idea indeed. And it is explained as well on both the visa grant notice and the DIBP website so the information has been made available to your partner already.

A bridging visa bridges two visas together. Think of it as a rope bridge. The student visa is holding one end of the bridge to the cliff and the partner visa is holding the other side. The bridge is suspended between the two.

With a BVA grant that is not in effect, you're not even on the bridge yet. You're looking at it from the edge. Student visa cancelled? Bridge supports on your end disappear and the bridge falls. You can't cross the BVA bridge to the partner visa.

It clearly states on the BVA grant notice: "About your bridging visa: This bridging visa is not in effect because your [current] visa is
currently in effect. If your [current] visa is cancelled, you should contact the
department immediately. Your Bridging visa may not come into effect and will not allow you
to remain lawfully in Australia."

It then goes on to repeat it again: "If you hold any substantive visa, and that substantive visa is cancelled, you should contact
the department immediately. Your Bridging visa may have ceased and no longer allow you to
remain lawfully in Australia.
More information about bridging visas is available at www.border.gov.au".
 

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You're certainly not the first couple nor will you be the last to make the student to partner visa mistake (referencing trying to end a student visa after an onshore partner visa app). Count your lucky stars you posted here today!
 

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This is not my understanding. He was granted his BVA when we applied for the partner visa. Please explain why cancelling the student visa would impact the BVA.

Thanks!
You haven't replied since yesterday. I will just say:

you can listen to these people and not cancel the student visa, or you can choose not to listen and cancel it.

The first option will keep things good and steady for you guys. The second option will screw you.

You choose. Sometimes you don't need to understand the system, just comply with the rules and everything will go better.
 
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Seego, To get 2 reply's from (bloody good) RMA's is one thing, then a comment from me that has dealt with a few visas (about 20 if I guess) and another poster being Sky that I can tell is no fool from their posts over a long time.

The OP will be wise to be concerned and make a very thorough visa plan, the current one is flawed.
 

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Discussion Starter · #10 ·
Thank you for your response.
We have had different advice because of the use of the word "may".
But, I will obviously check everything.

Also, the reason why cancelling the student visa is a priority is because the current college he has been at for the past 18 months have:
- lost his assignments,
- lost parts of his exams and failed him so he's had to repeat subjects (then, they later they would find the part he had done as we would appeal the failing),
- there is no communication between the tutors and the college on what is expected, therefore, he would do what the tutor has assigned and then the college would officially inform he has not completed his subjects for that term
- when we call to discuss these issues and a supervisor is busy, they say they will call back, they don't
- they tell you one thing in meetings on how to mediate problems, when you email them to confirm what they said is true (to get in writing) they avoid the question and never answer

The list goes on. It's an absolute joke.

My partner is already a person who is susceptible to anxiety and depression and it is truly debilitating. He stopped going to his classes because going to the college was making him depressed. It's a toxic environment, not conducive to learning. Before this college he was a good student and had no problems with previous learning institutions.

His student agent believes that we should make a formal complaint through him and cancel the student visa that way because you can remain in the country for up to 12 weeks on "holiday".

His student visa expires on the 19 June 2018, so our plan is to do something by January/February, because spending an additional $4000 at this college makes my skin crawl.

Do you have any knowledge or advice on this situation?

Thanks.
 

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My advise is NOT to take immigration advice from an Education Agent, unless they are also a Registered Migration Agent. Education Agents in Australia are by law not allowed to give migration advice, unless they are a Registered Migration Agent as well.

Forget about the word “ may”. If the student visa is cancelled, the bridging visa WILL be cancelled. That is the harsh reality.
 

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Yep. Two very reputable RMAs have said it to you already.

It'll be a shame to see you post again asking for help when your partner becomes unlawful and you need advice on your partner visa application (which will not be so easy at that point, say, if you go traveling offshore and the cancellation comes then). FYI we always recommend an RMA at that point so you may as well get one now and make the best choices.

Just peruse previous posters who've withdrawn their student visas and read the panic in their voices when they got that notice from immigration and realised the mistake they'd made. The information is out there if you just look.

Not sure why people come to this forum asking for help, get very clear answers from multiple people (Some professionals with over a decade of immigration experience), and still choose to ignore it. We're only trying to help you.

Sometimes canceling is the way to go in certain situations but you should consult an RMA to make sure you don't make any mistakes along the way.
 

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I agree with Skybluebrewer you have two RMA's providing you with the same information as they have been in this business for years.

If you believe your Education agent who is not a migration agent then you will have a big problem later on as you and your partner will have to face the consequences.
 

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Discussion Starter · #14 ·
I appreciate the advice.

Some of you need to check your judgy tones.

I have not dismissed anything anyone has said, someone commented that I did not reply in over a day, well, I'm a PhD student and sometimes I have other things to do.

The advice I have received in person has been from a migration agent, which is why I sought out this open forum for advice from other professionals.
 

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Most of on this forum are not professionals, but yes it is an open forum.

There are a few members that are professional Registered Migration Agents on this forum but in their comments they state it is not professional advice.

I have read many posts from students wanting for various reasons to cancel student visas. Many mistakenly think that they have a Bridging Visa A to stay in Australia on after they cancelled their Student Visa.

But there is no Bridging Visa if there is no Student Visa (think of it as an extension to the Student Visa).

Suddenly the applicant finds they are illegal with no visa to be in Australia (even if they are aware of this - think other visa applications to other countries and arrival cards for the rest of your life). Then the applicant must apply for a Bridging Visa E (E is for Evil).

No Travel, No Work and from memory No study. It will also have other consequences.

What are the first 2 digits of your migration agents registration #? - the fist 2 are the year the first became registered.
 

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I appreciate the advice.

The advice I have received in person has been from a migration agent, which is why I sought out this open forum for advice from other professionals.
I am always loath to comment on what a colleague may have said unless I can see their advice in writing. It is not unusual for advice to be misinterpreted or maybe the migration agent didn't get the chance to tell the full story re. the consequences of a visa cancellation. What will happen after the 12 weeks " on holidays" ?
 
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