Immigration usually give you a period to respond if they intend to cancel your visa.

Are you sure that your visitor visa won't have a no further stay condition attached?

 

Hi Mania,

Thanks for the quick response. So if I understand correctly, I should have no problems voluntarily canceling my student visa before the visa gets cancelled on me?

No, we can't guarantee that a visitor visa won't have that "no further stay" condition. But with our situation, we can't see a better option than this route. Worse case scenario, we'll have to do an offshore de facto application... Does anyone have any suggestions? I just can't afford to be on the bridging visa E while waiting for the de facto application to be processed. I also don't want to become unlawful, even if for a few hours, as I believe this will cause more repercussions in future. We love to travel so this won't be our last visa application..

 

If it's only a month before your student visa lapses then get the defacto in ASAP and you'll get your BVA that starts when your student visa ends, I couldn't afford to wait the 7 months before my family visit visa ended so once my defacto was in and had a BVA i cancelled my family visa went to DIPB the next day and was granted a BVE and applied for work rights which i now have . Although you've only got a few weeks . Seems like you've waited a bit too long .

 

Hi Dawgreen,

Unfortunately, like I mentioned, I'm unable to finish my course, so my student visa will be cancelled rather than lapse. We were planning to apply for a de facto visa once my studies ended (it'd would have taken a few months for my final project to be assessed so we would have time then). However, we realised that with a month left, I won't be able to finish my final project. We thought that when we applied for a de facto visa, the bridging visa would kick in when my student visa gets cancelled. We didn't know that due to the visa being cancelled, the BVA gets cancelled as well.

 

As long as you don't breach the conditions of your visa then you shouldn't have too much to worry about in terms of cancelation.

You may still have a financial commitment to wherever you are studying regardless of a visa cancellation.

Have you had a chat with a RMA about your options?

Can you confirm what you mean by you can't afford to be on a BVE, is this due to financial constraints or the loss of the ability to travel?

The repercussions to becoming unlawful are mainly around citizenship eligibility time - is this your concern?

 

A
The repercussions to becoming unlawful are mainly around citizenship eligibility time - is this your concern?

This is bad advice, the implications extend further than that including, impeding your ability to get visas to other countries at a later date. Pippa is definitely doing the right thing trying to avoid becoming unlawful, and being issued a BVE.

Pippa, as long as you notify DIPB as soon as you withdraw from your course (do it in writing using the official form), you shouldn't have to worry about when DIBP receives your cancellation of CoE notice. Even if they haven't yet processed your voluntary cancellation, you will be able to refer back to the notice you provided to demonstrate you did everything reasonably possible to tell them and in doing that are meeting the requirements of your student visa.

Sorry to hear about your situations but I'm sure it will all work out the best. There was a case here recently of a (offshore) partner visa being processed in Singapore in just a few weeks. They definitely seem to be one of the more efficient overseas offices so even if you don't have the visa in a few weeks, it's very possible you'll get it quickly.

 

Oh and may I ask why you can't complete your studies, (for no other reason then I'm nosy).

 

Hi Mania,

Thanks for all the advice. Yep, I understand about the financial commitment, and will pay off all my fees prior to leaving the country. We've called a migration lawyer and the two options he stated was to

1) leave the country and try and come back as a tourist and lodge our application then

or

2) get the bridging visa E

Neither are ideal, but like I mentioned, option 2 is the worst option. Yep, financially it'll be too much of a drain. I read that it's not easy to get the "no work" clause of bridging visa E lifted, especially since my partner does hold an ok job. I mean, if I don't work, we can scrap by, but it'll be a very stressful year or however long it takes for the application to be processed and I just don't want to put that burden on him. Furthermore, the lost of ability to travel is too risky for me. I have family members back in Singapore who have health issues and I don't want to take the risk of not being able to go back to Singapore if any need arises. I'm not concerned about citizenship eligibility time. I intend to keep my Singapore citizenship. However, I don't want any unlawful status or visa cancellation to affect my application for future visas. I feel like it'll reflect badly on any application I make, even if I just want a tourist visa to another country in future.

Thinking long term, if I can get a tourist visa to come back to Australia (hopefully since Singapore isn't a high-risk country), I'll be apart from my partner for 2-3 months, but after that, I'm free to work, can apply for a BVB to travel back to Singapore if necessary, and won't have that blemish of a forced visa cancellation and being unlawful on my permanent record. It just seems logical.

But of course, it's also really stressful and I'm trying to understand how to work within the Australian immigration policy. That's why I came to this forum.

As for my circumstances, well, I've been working on a research project for my studies, but had some health issues which affected my ability to finish this project. I intend to keep working on my project, and my professor is very supportive. However, I just can't finish it in time for submission by my due date. So I need to let my student enrolment end, and reenrol to submit my project when that's finished next year. Which hopefully I can do if I'm on the bridging visa...

 

You probably can get the ETA (visa 601) right after your student visa is cancelled. It only takes minutes to be granted and shouldn't come with any no further stay conditions (based on personal experience applying from Singapore).

The 309 application is taking more than a few weeks at the moment. If you want the option to apply through Singapore, get all your personal documents certified in Australia before you leave. Singapore notary public fees start from $75 and they will ask for certified documents.

 

No need to certify anything if applying online exceot for F888s and that's done by the people supplying them.

 

Just be prepared that you may not be able to get a tourist visa to return on. DIBP are known to reject tourist visas where a person has spent considerable time in Australia.

 

And yes even though the ETA is an option, you may not be able to use it... will someone who has spent so much time in Australia already, coming off of a cancelled visa, be a genuine tourist (which is what the ETA is used for)?

Not only that, but consider the CO looking at your app in the future. After a cancelled application, you used an ETA to reenter and apply for a partner visa. That would look very much like you're doing anything to stay in Oz.

Personally, I'd just apply offshore.

 

And yes even though the ETA is an option, you may not be able to use it... will someone who has spent so much time in Australia already, coming off of a cancelled visa, be a genuine tourist (which is what the ETA is used for)?

Not only that, but consider the CO looking at your app in the future. After a cancelled application, you used an ETA to reenter and apply for a partner visa. That would look very much like you're doing anything to stay in Oz.

Personally, I'd just apply offshore.

Hi Skybrewer,

Applying offshore would be our backup plan, should I not get an ETA, but that's not ideal.

I'm not too worried about it looking like I'll do anything stay in Oz, I mean, it's true really. My partner and I have been together for four years, and lived together for two. We have a dog together, which may not seem much to others, but to us, we're a family of three and I can't bear to be apart from these two for potentially over a year. My life is in Australia, I would be so lost while we're apart...