what happens when you cancel a student enrolement and you have applied for a defacto

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what happens when you cancel a student enrolement and you have applied for a defacto

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Old 04-20-2012, 12:06 AM
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what happens when you cancel a student enrolement and you have applied for a defacto

Hi everyone,

I have browsed the threads and got some handy information so far. So thanks to everyone here. I have a few specific questions that hopefully can be answered by people with experience or knowledge in these matters.
Basically the situtation is as follows.

My girlfriend and I have been together for over 1 year and im quite sure we will have no issue proving that.

She is from Brazil and has come here to study a hospitality course on the gold coast. She is having some issues with the course and is considering cancelling her enrolment. What we are unsure of is... what happens if we apply for a defacto visa, and are then put on a bridging visa (which catagory would it be?) and then cancel her enrolment? What would be good is that she would be then under the bridging visa which allows her to work up to 20 hours. She is also concerned that she wont be able to visit her family if need be while they process the defacto. I called imigration and they gave me some vague answers. When I said that she wanted to cancel her enrolment they mentioned something to do with talking to a department called student integrity or student compliance. and depending on your case, then that would determine what the outcome would be. Its confusing...anyone with facts or experiences please write. thanks in advance.

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Old 04-20-2012, 01:36 AM
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My husband went through this.

When you apply for a defacto visa you are granted a bridging visa a but this does not come into affect until your girlfriends student visa expires.

After we applied or the spouse visa my husband cancelled his course with his school and then emailed the student compliance people and requested that his student visa be cancelled.

They advised once the student visa had been cancelled he would no longer be eligible for bridging visa a. Instead he would have bridging visa e with no work or travel rights. For us this was ok because what he was paying for his course was more than what he was earning.

The plan was to apply to have the work restriction removed from bridging visa e but you have to prove financial hardship.

We were informed that there was a huge backlog in the student visa department and it could take them 2 weeks to cancel the visa. In the meantime he was able to work 20hrs a week but not attend school.

After 2 months of hearing nothing we contacted student compliance and they said it because he had applied for a partner visa his student visa cancellation was not a priority and it could take a few more weeks. I asked once cancelled was there a chance to keep his bridging visa a and they said no because we did not have a compelling reason to cancel his student visa.

In the end we had our spouse visa approved before they got around to canceling his student visa. During the time he was in limbo with this cancellation he was still working 20hrs a week. Definitely check with student compliance because each case is different and there may be a way to keep her bridging visa a. Also ask them how long it would take to cancel and what her work rights are during that time.

Unfortunately if she doesn't keep her bridging visa a there is no way around the travel restrictions. Once her course is cancelled by her school she can't travel on the student visa anymore and she won't be able to travel on the bridging visa e unless of course she has compassionate grounds like family illness or death.

Once you speak to student compliance can you please post their answers here as some things may have changed and it can probably help others in the same situation.

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Old 04-20-2012, 09:23 AM
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Posts: 31
Users Flag! From australia

whatnext, thanks for your reply. Your scenario is very similar except the fact that you were married and we are applying for a defacto. But that wouldn't change anything right?

It seems that you were quite lucky. When was this? At which office was this? And how long did it take in the end to get the spouse visa. It would be good if it played out like this for us, but what happens if they are quick to cancel the student visa?

Is it necessary for the person cancelling the enrolment to contact student compliance? I thought the school (who is essentially your sponsor) would contact immigration. Do you have to contact compliance because otherwise they wouldn't know that you have applied for a defacto visa?

Im having trouble finding this student compliance or integrity department on the internet. Do you have a contact for that? I am based on the Gold Coast, QLD.

We are thinking that this could be the way to go... ''For us this was ok because what he was paying for his course was more than what he was earning. ''. The same goes here. When you put it like that I think its worth the risk that she be put on bridging visa e for a while, worst case scenario. At least you can try and find cash work. But for how long? What if it takes over a year? And she wouldnt be able to visit family in Brazil or even take a holiday to Indo or somewhere close. Anyways, will keep you updated and if you could try and answer those questions we would be gratefull. I probably had more to ask but it escapes me right now. Thanks.

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Old 04-20-2012, 11:02 AM
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We applied at Perth office in June 2011 and our spouse visa was granted in January 2012. We applied to have student visa cancelled in September 2011.

Although the school will put the cancellation through to DIAC I wouldn't rely on DIAC connected the dots to your defacto visa. My husbands student visa documents had an email address on it. If you don't have those documents just call the general hotline number and ask for the email address of student compliance in your state or better yet you may be able to talk to someone in person. I would recommend contacting them and explaining you have applied for a defacto visa, include you application number etc, and you wish to cancel the student visa.

Take your time and really make sure your defacto visa application is solid and have it decision ready with all police checks and Medicals. This can make the approval process much faster. If they can see a clear history of your relationship with all the evidence to back it up plus have the Medicals and police checks on hand then you may avoid the normal queue which at the moment is about 12months.

Your office may cancel the student visa within a few days or a few months. It's hard to know so it's best to check with student compliance about how long it may take.

If you end up with bridging visa e quickly then apply to have the work restriction removed. Worst case they say no.

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