Student Visa > Partner Visa - Best way forward?

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Student Visa > Partner Visa - Best way forward?


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Old 03-28-2016, 03:21 AM
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Question Student Visa > Partner Visa - Best way forward?

Hello

I apologise in advance if this question has been answered before. There seem to be many threads related to this topic, but many of them have conflicting or old information.

I am an Australian citizen, and my partner (Vietnamese) and I were married in February this year.

My partner currently holds a Student Visa, which is valid until October 2018.

We intend to apply for a Partner Visa.

Our impression from reading many of the responses here is that, after we apply for a Partner Visa, my partner would need to continue to fulfill the obligations of her Student Visa, while we awaited the outcome of our Partner Visa application.

The ideal scenario for us while we await the result of the Partner Visa application would be:
  • My partner is no longer required to study
  • My partner has no work restrictions
Is there any way we can achieve this given our current situation?

Any information greatly appreciated.


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Old 03-29-2016, 05:27 AM
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Unlikely. The issue here that she has has a current Student Visa. When she apply for a partner visa she will be granted a Bridging Visa A with unlimited work rights. However, this visa will only kick on when the Student Visa expires. If she cancels the Student Visa (which she can) then the bridging visa will be be cancelled as well. She will then apply for another Bridging Visa, most probably a Bridging Visa C or even E. Neither of these visas have automatic work rights. However, you can apply for work rights but have to show that you have to work in order to survive. This will not necessarily be granted.

In addition to that she would not be allowed to leave and re-enter Australia which may cause a problem if she needed to return home for any reason.

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Old 03-29-2016, 06:37 AM
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Quote:
Originally Posted by Jeremy Hooper View Post
Unlikely. The issue here that she has has a current Student Visa. When she apply for a partner visa she will be granted a Bridging Visa A with unlimited work rights. However, this visa will only kick on when the Student Visa expires. If she cancels the Student Visa (which she can) then the bridging visa will be be cancelled as well. She will then apply for another Bridging Visa, most probably a Bridging Visa C or even E. Neither of these visas have automatic work rights. However, you can apply for work rights but have to show that you have to work in order to survive. This will not necessarily be granted.

In addition to that she would not be allowed to leave and re-enter Australia which may cause a problem if she needed to return home for any reason.
Thanks Jeremy. We did a bit of further research and came to that conclusion ourselves as well.

Our plan here on in will be to continue with her Student Visa and apply for the Partner Visa while she is studying.


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Old 03-29-2016, 07:57 AM
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Good thinking. .. can always put the study to good use later on. Take care ..

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Old 03-30-2016, 12:32 AM
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We are in a similar position.
My partner is currently on a student visa which will expire in Jan 2017.

You have confirmed that she will first have to finish her student obligations which is what i thought.

I am wondering if it is best to lodging the partner visa application while she is still studying or wait till that visa expires?

Advantages would be speeding up the process or we hold on to the visa fees for a bit longer?


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Old 03-30-2016, 01:59 AM
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Quote:
Originally Posted by tballboy View Post
We are in a similar position.
My partner is currently on a student visa which will expire in Jan 2017.

You have confirmed that she will first have to finish her student obligations which is what i thought.

I am wondering if it is best to lodging the partner visa application while she is still studying or wait till that visa expires?

Advantages would be speeding up the process or we hold on to the visa fees for a bit longer?
Hi tballboy

It seems the only difference will be the actual time it takes to get PR, and as you mention deferring the initial PV application fee.

We are aiming to transfer my partner's course to another school and field of study. The new course she will study is a certificate as opposed to a bachelor degree, and is 6 months rather than 2 years. We are not sure if this will trigger a change of student visa due to the type of study. If it does, it should mean any new student visa would expire sooner and thus when we apply for the PV the BVA would kick in sooner.

We will be confirming this with my partner's agent next week (we are currently in Vietnam, having celebrated our second wedding!)

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Old 03-30-2016, 02:07 AM
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If it was me, I'd apply sooner vs. later. Or at a minimum be ready to lodge with very short notice. DIBP has a habit of giving very little notice of price increases.

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