Student Visa Cancellation/New Visa Application - Migration Agent Help?

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Student Visa Cancellation/New Visa Application - Migration Agent Help?


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Old 10-01-2015, 01:30 PM
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Thumbs up Student Visa Cancellation/New Visa Application - Migration Agent Help?

Hi,

Just wondering if anyone knows what happens if I cancel my course while on the student visa?

Do I need to inform immigration of the cancellation or will the college inform immigration?
Do I need to leave Australia immediately, or do I get x amount of time to apply for a new visa?

I have previously been on a working holiday visa and now student visa. I am hoping to apply for visitor visa and then onshore partner visa. I've been advised this would be the best way to proceed in terms of improving my working rights. My partner is Australian but also a student so it would be beneficial if I could work full time.

Just trying to find out all the particulars before jumping into anything!


Thanks
Nick


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Old 10-01-2015, 08:38 PM
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Quote:
Originally Posted by Nick- View Post
Hi,

Just wondering if anyone knows what happens if I cancel my course while on the student visa?

Do I need to inform immigration of the cancellation or will the college inform immigration?
Do I need to leave Australia immediately, or do I get x amount of time to apply for a new visa?

I have previously been on a working holiday visa and now student visa. I am hoping to apply for visitor visa and then onshore partner visa. I've been advised this would be the best way to proceed in terms of improving my working rights. My partner is Australian but also a student so it would be beneficial if I could work full time.

Just trying to find out all the particulars before jumping into anything!


Thanks
Nick
You are on very slippery ground.

May I suggest that you consult a registered migration agent before you commit to a course of action?

__________________
Westly Russell
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Number 0316072
pinoyau.com

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Old 10-01-2015, 11:08 PM
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Originally Posted by wrussell View Post
You are on very slippery ground.

May I suggest that you consult a registered migration agent before you commit to a course of action?
Thanks for your advice Russell. I'm in a bit of a pickle really, my partner is Australian and studies too so the migration agent fee is a bit of a problem for us.

We were quoted $4,000 as the fee for managing both the visitor visa and partner visa which just seemed a tad excessive to me (probably due to my work limitations as an international student and due to low income of my partner as an Australian student).

We are therefore hoping this is something we can do ourselves. We've been together (living) for 2 years now, but as both of us study its been a real struggle hence why I want to give my study up and gain full work rights. I hope I can find a way


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Old 10-02-2015, 12:00 AM
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IF you get a tourist visa and then apply for an 820 you won't be able to work for 3 months (or however long the tourist visa ia valid for). What happens if the tourist visa is valid for 6 months? That means no work for 3 months.

Another problem is you have been here on WHV and now a student visa. You want to cancel the student visa and apply for a visitor visa. There is a huge possibility that DIBP will reject it. They will probably think you will work on a tourist visa.

As has been said see a registered migration agent. I am not sure what the fees are these says but why not get some quotes from others but make sure they are registered and check out feedback - cheaper does not always mean better. You have to remember that migration agents need to put it alot more work these days to a partner visa as DIBP have cracked down so that requires more work on their behalf.


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Old 10-02-2015, 12:21 AM
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Originally Posted by Mish View Post
IF you get a tourist visa and then apply for an 820 you won't be able to work for 3 months (or however long the tourist visa ia valid for). What happens if the tourist visa is valid for 6 months? That means no work for 3 months.

Another problem is you have been here on WHV and now a student visa. You want to cancel the student visa and apply for a visitor visa. There is a huge possibility that DIBP will reject it. They will probably think you will work on a tourist visa.

As has been said see a registered migration agent. I am not sure what the fees are these says but why not get some quotes from others but make sure they are registered and check out feedback - cheaper does not always mean better. You have to remember that migration agents need to put it alot more work these days to a partner visa as DIBP have cracked down so that requires more work on their behalf.
Thanks Mish, I hadn't really thought about work rights with the visitor visa. I assumed I would regain work rights as soon as the BVA is approved? But from your response I gather I would have to wait until the visitor visa expires before BVA kicks in?

If I were to go straight from Student Visa to Partner Visa I would be subject to the terms of the Student Visa, if I'm correct, even on BVA. Is there a way around this?


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Old 10-02-2015, 12:57 AM
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Originally Posted by Nick- View Post

Thanks Mish, I hadn't really thought about work rights with the visitor visa. I assumed I would regain work rights as soon as the BVA is approved? But from your response I gather I would have to wait until the visitor visa expires before BVA kicks in?

If I were to go straight from Student Visa to Partner Visa I would be subject to the terms of the Student Visa, if I'm correct, even on BVA. Is there a way around this?
Absolutely correct. You are bound by the conditions on your previous visa until either the 820 is granted or the BVA kicks in (after the previous visa expires).

You have uni Christmas holidays coming up soon so you can work full time when uni is not in session (if that helps).

I would be faster and easier to lodge an 820 now then wait a couple of months to do a tourist visa and then wait for work rights.

The only other way around the student visa is to cancel it once you lodge the 820 but the problem with that is you become illegal for a few minutes or hours etc while they give you a BVE. This means that any time already in Australia does not count towards citizenship. Also a BVE comes with no work or travel rights. You can apply for work rights but applying to travel is not an option.


Last edited by Mish; 10-02-2015 at 12:59 AM.

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Old 10-02-2015, 02:57 AM
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Originally Posted by Mish View Post
Absolutely correct. You are bound by the conditions on your previous visa until either the 820 is granted or the BVA kicks in (after the previous visa expires).

You have uni Christmas holidays coming up soon so you can work full time when uni is not in session (if that helps).

I would be faster and easier to lodge an 820 now then wait a couple of months to do a tourist visa and then wait for work rights.

The only other way around the student visa is to cancel it once you lodge the 820 but the problem with that is you become illegal for a few minutes or hours etc while they give you a BVE. This means that any time already in Australia does not count towards citizenship. Also a BVE comes with no work or travel rights. You can apply for work rights but applying to travel is not an option.
Ok cool, I'm hoping that as I am studying a diploma ATM that I can finish my study once the diploma finishes (in November) and shorten the length of my student visa to not include the Bachelor (starts in March). This would allow BVA to kick in once the shortened student visa ends. Hopefully. It's a lot of if's I think


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Old 10-02-2015, 03:02 AM
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Originally Posted by Nick- View Post

Ok cool, I'm hoping that as I am studying a diploma ATM that I can finish my study once the diploma finishes (in November) and shorten the length of my student visa to not include the Bachelor (starts in March). This would allow BVA to kick in once the shortened student visa ends. Hopefully. It's a lot of if's I think
I imagine it would depend on what you applied for when you lodged the student visa if it is diploma only or diploma and bachelor. I would be getting advice first.


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Old 10-02-2015, 07:58 AM
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I imagine it would depend on what you applied for when you lodged the student visa if it is diploma only or diploma and bachelor. I would be getting advice first.
I rang immigration today to ask them what the best course of action would be. They advised that I should apply for the partner visa prior to cancelling my course/student visa and then request to have the study requirement and work limitations removed from my student visa. She said alternatively BVA may kick in straight away and will replace my Student Visa in which case I can simply cancel my study and request work limitation to be removed.

Going to email them and try to get this in writing.


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Old 10-02-2015, 08:10 AM
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I would never rely on advice given by DIBP we have seen too many people burnt by it.

The BVA will not kick in straight away it kicks in when the previous visa expires.

If you want immigration advice you go to a migration agent the same way as if you want tax advice you go a tax agent you don't ask for advice from the ATO.

Do not cancel your student visa prior to applying for a partner visa otherwise you will have issues as you need to be on a substantive visa when applying for a partner visa otherwise you will be subject to schedule 3 which are very hard to win.


Last edited by Mish; 10-02-2015 at 08:12 AM.

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