How long can you stay in Aus after withdrawing partner visa application

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How long can you stay in Aus after withdrawing partner visa application


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Old 02-26-2015, 10:26 PM
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How long can you stay in Aus after withdrawing partner visa application

Hi,

My gf is currently on Student visa until 15th March 2015; we applied for a partner (812/820) visa in December 2014 so BVA will kick in straight after her student visa finishes. We plan to withdraw the app due to unforeseen circumstances in her family. If we withdraw say on 10th of March, will she have to leave the country on the 15th of March? or is there a period of time where she can stay in Australia?


Thanks!


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Old 02-26-2015, 10:54 PM
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Usually they are given 28 days to leave or apply for another visa (which doesn't sound like an option for you guys).

It doesn't sound like a relationship breakdown so depending on how long she wants to go overseas maybe a BVB is an option?


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Old 02-26-2015, 11:12 PM
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Thanks Mish - yes not a relationship breakdown

However, she plans to work full time in a graduate role in HK so a BVB might not work right? my understanding is that BVB is only for a short period of time (3-6 months max) and in this case she will be working overseas for say 2 years...

Does the 28 days apply even BVA doesnt kick in yet? i.e. we withdrew before her student visa ended and before her BVA starts?

How will she get notified once she withdraw?

Many thanks for your advice again


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Old 02-26-2015, 11:16 PM
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I think if she withdraws the partner visa application before the BVA takes effect, she would need to leave before her student visa expires in March. There's no harm in letting the partner visa application continue until your other plans are confirmed and ready to put into place. That way she at least has the BVA in effect until she does decide to leave the country.

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Old 02-26-2015, 11:21 PM
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Hi thanks Maggie,

as in let the BVA kick in then if we withdraw we will have 28 days right? my only concern is that i want to withdraw before our temp visa decision is made (if made then it costs me a quota) and want to leave a clean record if we re-apply again in say 2 years time - she can come on a working holiday visa then we will reapply for de facto

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Old 02-26-2015, 11:22 PM
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Correct the BVB won't work in that case.

If she wants to withdraw before the student visa expires check with Mark about the BVA as I am not 100% sure. I know the BVA is linked to the partner visa application but if you withdraw it they may give you or you can apply for a bridging visa (IE. BVE) to stay a few weeks.

By the time they confirm the withdrawal she will probably be on the BVA anyway ... DIBP are not known for their speed.

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Last edited by Mish; 02-26-2015 at 11:25 PM.

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Old 02-26-2015, 11:23 PM
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You only applied in Dec 2014 ... they are at least 6 months of looking at it anyway.

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Old 02-26-2015, 11:37 PM
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Thanks Mish - will my gf receive a letter or email in return to confirm her withdrawal?


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Old 02-27-2015, 01:15 AM
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One would think so and it should contain information about when to leave etc.


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