Student visa 573 to partner visa 820/801

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  • 1 Post By voebe

Student visa 573 to partner visa 820/801


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Old 11-13-2011, 09:02 AM
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Student visa 573 to partner visa 820/801

Hi everyone,

My fiance has a student visa 573 (multiple entry, does not mention anything about no further stay, just that needs new visa to continue stay). This visa is valid until 15 March 2013.

We are planning on getting married around February/March 2013 (close to the time that the visa expires). Assuming that visa wise it is better to get married before his student visa expires.

Please clarify, that as soon as we get married, we then should apply for the partner visa 820/801. That this is the best route.

A bridging visa will be granted for after 15 March 2013, correct?

But work-wise... does this mean that he would be allowed to work?? As I believe that with his current visa he is only allowed to work 20 hours during study semesters, but can work full-time when school is not in term...?

Therefore, if the conditions are the same for the bridging visa as the student one, that as he would no longer be "studying" (not within a study semester), that he can work full-time??

Also, is it true that whilst on a bridging visa, he would not be allowed to leave the country (as then would need to re-apply for a bridging visa)?

Thank you all for your help, this visa stuff can be so confusing! :-)


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Old 11-13-2011, 11:32 PM
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Yes the 820/801 is the right visa.

I remember we just had another thread explaining that if the student visa expires during a 'holiday' period, then the Bridging visa will have full work rights (can anyone confirm?). If your partner needs to travel overseas, he needs to apply for a Bridging visa B before he leaves (he'll be on a Bridging visa A while in Australia). The partner visa cannot be granted while he's overseas.


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Old 11-14-2011, 01:24 AM
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Hi Sarah

A student visa will always expire after the course has finished. When you apply for student visa you must have a Certificate of Enrollment first which will have course dates so the visa will generally expire 28 days after the course has finished. I don't know how this affects working conditions on a bridging visa. If the work rights are the same as work rights during a school break then technically everybody coming from a student visa should have full work rights. Again I'm not sure if this is the rule.

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Old 11-14-2011, 11:12 AM
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This is indeed the case. If you are on a bridging visa after a student visa then you have full working rights because you are not studying at the time.

I am unsure as to why you are waiting until 2013 to apply for a partner visa as long as you fulfil the 12 month living requirement you can apply now before you get married.

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Old 11-19-2011, 02:56 AM
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Quote:
Originally Posted by voebe View Post
This is indeed the case. If you are on a bridging visa after a student visa then you have full working rights because you are not studying at the time.

I am unsure as to why you are waiting until 2013 to apply for a partner visa as long as you fulfil the 12 month living requirement you can apply now before you get married.
I was not sure if applying when we first arrived would cause any problems with his enrollment?? As in that it may be cancelled if his visa changed?? But I guess that even on a temporary partner visa, overseas fees still apply so it should not make a difference? I think the university just stated that he cannot be granted a visa that changes his overseas student status... I will ask the university.

Also, I am not sure if he would be given a de facto partner visa... as it will be hard to prove that we have been living together for the past 2 years, as we do not have a lease or any bills (currently living in the middle east where these things are provided for by the companies, and companies cannot give any confirmation that we are living together as it is against Islamic law to live together unmarried here in the middle east... tricky!). However, we have a history of holidays booked together and photos etc. Not sure if that would be enough...

Thank you everyone! :-)


Last edited by rcar; 11-19-2011 at 04:30 AM.

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