573 cancellation - BVe - 801

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573 cancellation - BVe - 801


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Old 01-22-2016, 11:55 PM
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573 cancellation - BVe - 801

I am an Australian Citizen and my partner is a holder of 573 student visa (from the Philippines). We lodged our partner visa application (801) last 26 August 2015 and she had her medicals done 21 December 2015. One of the reasons why we decided to lodge her partner visa application is because of finances because she has to go to the university next month and we cannot afford it. I think her TAFE Diploma of Nursing is enough for her qualifications so she can work as Enrolled Nurse.I am the one who is supporting her as well. We hired a registered migration agent but at times it feels like she doesn't know what she is doing. We met the criterias for the partner visa requirements and just waiting for the decision.

Our migration agent advised us that we can cancel the student visa and she can go on BVE and we knew the consequences of this visa that she cannot work or study either but my question is where we apply BVE? Cos she was told to get in contact to her university and tell them that she is cancelling her enrollment to them and then the university will contact the Immigration and then they will let my partner know that she is unlawful and that will require her to apply for BVE? My partner was talking yesterday to an immigration office over the phone that she has to apply for bve at their compliant office and where is that office located? is it in brisbane? I know this is a hassle and not really suggested but hopefully that everyone can help us on what to do. I read yesterday that BVE is for unlawful citizen who waits for the immigration decision (which my partner is like) or finishing all the transaction and preparing to leave Australia.

Thank you for all who are going to reply.


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Old 01-23-2016, 02:45 AM
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You can go to your nearest DIBP office to apply for a BVE. Your migration agent should be able to guide you through the process. Do some more reading up about the consequences of cancelling a student visa, becoming ( briefly) unlawful and the BVE conditions, especially the travel restriction.

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Old 01-23-2016, 09:13 AM
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Thank You for your guidance. I am just seeking for a second opinion to make sure from what we told is the right thing to do. There was a nasty and rude employee in DIBP in Brisbane and she ruined my mood that day. So the department will let my partner know that she is unlawful and then we have to rock in DIBO Brisbane to apply for BVE? so all we know is to bring her documents like passport, BVA. acknowledgement of spousal visa application? Thank you.


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Old 01-24-2016, 01:37 AM
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Originally Posted by Bent86 View Post
Thank You for your guidance. I am just seeking for a second opinion to make sure from what we told is the right thing to do. There was a nasty and rude employee in DIBP in Brisbane and she ruined my mood that day. So the department will let my partner know that she is unlawful and then we have to rock in DIBO Brisbane to apply for BVE? so all we know is to bring her documents like passport, BVA. acknowledgement of spousal visa application? Thank you.

Mr Google:
https://www.border.gov.au/Trav/Visa-1/051-


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Old 02-13-2016, 06:56 AM
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Hi everyone, I am in a similar situation and have to cancel my study visa due to financial hardship and hoping to apply for a partner visa instead. My partner and I have lived together for 4 years. I understand there is the option of cancelling onshore, then being granted a Bridging E.

However, if I were to cancel my enrolment, then go back to my home country to cancel my student visa offshore, would I then be able to re-enter Australia as a tourist, then apply for my partner visa onshore (which means I'll be granted a Bridging A upon expiry for my 3 month tourist visa).

I hope this all makes sense and appreciate any help I can get!


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Old 05-31-2016, 10:38 AM
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I also have a 573 visa and want to apply to partner visa 820, but due to financial issues I will not be able to keep studying. I also though on the idea of getting a tourist visa and then apply for the partner visa. However, sometimes this visa comes with a restriction that does not allow you to apply to another visa in Australia, so you need to apply offshore.

In case of applying to BVE, is it possible to apply for another bridging visa after? I ask this because the process of partner visa can last one year or more and, this means that I will not be able to work for all this time.

Thanks if you can give me any advice


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Old 05-31-2016, 10:27 PM
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Originally Posted by jm1201 View Post
I also have a 573 visa and want to apply to partner visa 820, but due to financial issues I will not be able to keep studying. I also though on the idea of getting a tourist visa and then apply for the partner visa. However, sometimes this visa comes with a restriction that does not allow you to apply to another visa in Australia, so you need to apply offshore.

In case of applying to BVE, is it possible to apply for another bridging visa after? I ask this because the process of partner visa can last one year or more and, this means that I will not be able to work for all this time.

Thanks if you can give me any advice
No, once you have a BVE you are stuck with it until your partner visa is processed. In addition to not having any work rights (which you can ask for if you can prove financial hardship), there are no travel rights so if you need to leave Australia you are stuck with no visa to return. Also, once your student visa is cancelled, you are unlawful so any time previously in Australia will not count towards citizenship.

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Old 05-31-2016, 10:33 PM
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Thanks Maggie-May24 for your answer. It's good to know these things even if they are not such as good news.


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Old 06-01-2016, 04:02 AM
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People who propose the cancel a student visa and apply for a partner visa should make sure they have done their homework and understand the very hard line the department is taking in these circumstances.

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