Student Visa to Partner Visa 801/820

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Student Visa to Partner Visa 801/820


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  #1 (permalink)  
Old 07-27-2016, 02:20 PM
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Join Date: Jul 2016
Posts: 2
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Student Visa to Partner Visa 801/820

Hi,

I'm a new user looking for some information on the best method of having my partner stay in the country and have our child in a public hospital using medicare. I've spoken to a number of immigration agents, and have been given different advice by each of them.

She's on a student visa at the moment, and we want to apply for a Partner Visa. I don't want her to go onto a BVE, which will happen if we cancel her student visa, but we don't want to pay her student fees for next semester either. So it's a bit of a rock and hard place situation. I've also heard that if we have a baby in a public hospital here using OSHC (insurance) we might struggle to find an available space (as priority is given to those using medicare).

I know this is a new member thread, but I don't see how to post a thread on the Immigration page.

Can anyone help me please?

Thanks,
Steve


  #2 (permalink)  
Old 07-28-2016, 05:38 AM
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Join Date: Dec 2015
Posts: 3
Users Flag! From australia

Hi Steve,

Depending on when your partner's student visa is due to expire, you may need to pay at least one semester of tuition to allow her to remain in Australia. I suggest you apply for a partner visa as soon as possible because once a spouse application is lodged your partner is eligible for a Medicare under the Health Insurance Act 1973.

Kind regards,
Susie


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Old 07-29-2016, 11:48 AM
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Join Date: Jul 2016
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Users Flag! From australia

Thank you Susie.
I have been told that the BVA will be linked to the student visa (that will expire in 2019) but will not come into effect until the student visa expires. So, she will not be entitled to medicare until she is off the student visa either through voluntary cancellation (and so transferred to a BVE), or upon expiration of the student visa in 2019. Does that sound right to you?
Thanks,
Steve


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  #4 (permalink)  
Old 08-09-2016, 06:46 AM
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Join Date: Dec 2015
Posts: 3
Users Flag! From australia

Hi Steve,

Yes, the BVA will only come into effect once her student visa expires and she will be entitled for the Medicare once you have lodged the partner visa because under the Health Insurance Act 1973, an applicant for permanent residency (e.g. partner visa) is eligible for Medicare if they either have permission to work in Australia OR have a spouse, parent or child that is an Australian citizen or permanent resident visa holder. Student visa holders do not need to wait until their current visa has expired to access Medicare.

Kind regards,
Susie


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