Student visa withdrawal after Spuse Visa application

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Student visa withdrawal after Spuse Visa application


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Old 08-13-2011, 01:54 AM
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Student visa withdrawal after Spuse Visa application

Hi..

I'm hoping someone here has been in a similar situation as we are not getting much luck out of immigration for an answer on this.

My husband is currently on a student visa which expires March 2012. He has one week left of his current course, 1 month break and then is due to start another course.

We applied for a spouse visa about 4 weeks ago and are awaiting a CO.

He would like to withdraw his student visa. Firstly it would allow us to spend more time together because he studies at night and he no longer feels the course is relevant to opportunities is Australia.

I have called Immi numerous times but cannot get a clear answer of the consequences of withdrawing his student. We have been to the Immi office in Perth and were given an email address for student compliance and were told that they would request an appointment with u's if necessary. I emailed student compliance asking the question but have had no reply apart from the automated response saying they received the email and would respond within 3 days. The email also says that if the query is not related to what that department handles they will not respond at all. So I've true calling, going in person and emailing with no luck.

Does anyone know what the consequences are of withdrawing or canceling a student visa after having applied for a spouse visa??

Any information would be much appreciated.

Regards

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Old 08-13-2011, 03:48 AM
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Hi,

Happy for anyone to correct me on this, but my understanding is that if your partner cancels his student visa, he would be in Australia illegally. Reason being that despite the fact you have applied for a partner visa, that has no bearing on his ability to currently be in Australia. He is in Oz because of his studies, and unless he is granted a different visa, he must continue to meet the requirements of that student visa, which would obviously include studying...

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Old 08-13-2011, 03:59 AM
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Thanks for the quick reply. Would that then mean he could apply for a bridging visa as we applied for a spouse visa or does canceling the student visa cancel all eligibility for bridging visa's.

I would imagine if he is able to get a bridging visa it would be bridging visa E. Obviously we don't want anything to affect our spouse visa application in a negative way.

Thanks

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Old 08-13-2011, 04:22 AM
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Well here is the form anyway to apply for the Bridging visa:
http://www.immi.gov.au/allforms/pdf/1008.pdf

I'm not 100% about this situation either, as usually the applicant's current visa expires during the partner visa decision, and their Bridging visa comes into effect, but with Student visas and withdrawing....I'm not sure. I know you've been trying to contact immigration, so maybe just wait a couple more days to see if they reply; if not, call 131 881 and just ask "if the student visa is withdrawn from, can a Bridging visa be applied for?".


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Old 08-13-2011, 07:35 AM
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Thanks... I will keep trying with Immi and hopefully get an answer soon otherwise we'll be paying $3200 for a course he really doesn't want to do.

Thanks for your help.

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Old 08-14-2011, 05:43 AM
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Please update your flag here .

This is actually the situation my partner and I were in. We ended up going into the Immigration office and were told that if there is a current visa application pending (ie, a spouse/de facto visa), and it's an onshore application, the applicant has to stay in Australia.

BUT - and this is a big but - they go to bridging visa E, which means no work rights and no study rights. We applied in January and are waiting to hear from Immigration. So if you depend upon him to work, bear in mind it could be a long wait without him being able to have a job.

We were also told that the transition is automatic - ie, the moment the student visa is cancelled/expired, bridging visa E comes into effect because there is a pending de facto/spouse application.

Best of luck to you.


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Old 08-14-2011, 06:40 AM
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Thanks Briar

We don't need him to work and the cost of the next course will be more than what he earns in 6 months so bridging visa e would not be a problem. The hardest part for me would be no travel overseas but it may be a good opportunity to show him more of Australia. I'll talk to Immi again to see what the process is to cancel his student visa.

Thanks again

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Old 08-17-2011, 11:18 AM
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I managed to get some answers from Immi. If his student visa is cancelled this also cancels his bridging visa a he got with our spouse visa application. We can apply for a bridging visa e with no work rights and no travel rights. They did say this situation is highly individual and if you want to cancel we need to speak to a student compliance officer and depending on our circumstances he may be able to keep his work rights. It's at the discretion of the compliance officer based on your individual case.

Another option is to request a suspension or deferment from his school for a couple of months. This is entirely at the schools discretion and if granted he is able to keep his student visa rights without attending class for that suspended period.

Another option is to transfer to a more relevant course within the same visa category.

We will start by requesting a suspension for 3 months. If not accepted it is good to know that if we want to cancel his student visa it does not affect our spouse visa in a negative way. It only affects our living conditions during the wait.

I just wanted to thank you guys for the information you gave me. It really made a big difference talking to immigration armed with some of that information and they did comment how nice it was to have someone do a little research before asking the questions.

Thanks again

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Old 06-05-2012, 04:34 AM
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I think he should just keep with the student visa, and I am in a tourist visa while waiting for a partner visa and it really sucks not being able to work or anything like that. I was actually thinking about going somewhere else and try a student visa myself, cause I'm wasting time not doing anything and would be good to study something. He could try to do another tipe of more usefull course and/or something that doesn't require that much frequency in a class room. Someone told me to try surfing class for example, or advanced english in a course that required me to be 1 or 2 days a week at the school just to guet the assignment and do the rest at home. It makes easyer to see each other this way and also, having the right to work up to 20 hours a week would be a help for me right now.

Cheers.


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