What happens if I breach the study condition for dependent of student visa 573

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What happens if I breach the study condition for dependent of student visa 573


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Old 02-11-2013, 07:21 AM
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What happens if I breach the study condition for dependent of student visa 573

Hi everyone,
I bring up this question with the hope someone could help me answer it. 6 months ago when I was on graduate visa 485 I'd enrolled Professional Year Program for Accounting, my 485 was expired last week and currently I'm on student visa as my husband going back to school to do his master degree by course work. With the new student visa subclass 573 I'm just allowed to study up to 3 months while I still got 4 months left on my PY course. I'm planning after I finish my PY I'll apply for skill assessment and then apply for new visa 189 (of course I need to be invited first). I don't know what would happen if DIAC check my documents and refuse my application due to the breach of visa condition. I don't want to waste $12.000 tuition fee for nothing but I also don't know what to do in this situation. Really appreciate if someone can give me some advices abt that.


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Old 02-11-2013, 09:53 AM
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Hi - Since you posted the question here as well, I'll post my response here for the benefit of others -

Thanks for the note. Your problem is condition 8201, which establishes a 3 month (13 weeks) limit on studying for family members of student visa holders. It's not a simple problem as you've found out.

First, note that the 13 weeks does not include study periods prior to the start of exam periods, and exam periods. So it may be that depending on the exact schedule of your remaining PY course, you might just squeeze in if you exclude the exam periods and pre-exam study periods if those apply.

If you are found to have breached your visa conditions, it can create big problems for any future migration in Australia, so that is not a good idea.

The alternative is to apply for a new student visa to cover the remaining period you wish to study – this is probably the best solution if you can get approved. Problem is, assuming you're from an Assessment Level 2, 3 or 4 country, you will need to make a submission as to why there are "exceptional circumstances" since DIAC does not normally allow onshore student visa applications from these countries unless there are exceptional circumstances – in this case, since you are in the middle of a PY course, that may qualify, but you will need to have a well written exceptional circumstances request in order to have a chance at getting this through. And another issue that might come up with this plan is if your 4-month new student visa has a No Further Stay condition attached, but perhaps one thing at a time.

Bottom line: you have a complicated visa situation and you would probably be best served by engaging a migration agent to help you sort things out and research the regulations to put together a good plan for you. It sounds like you've got the basic information, though, so the next step is yours.

Best,

Mark Northam

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Old 09-10-2013, 10:04 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi - Since you posted the question here as well, I'll post my response here for the benefit of others -

Thanks for the note. Your problem is condition 8201, which establishes a 3 month (13 weeks) limit on studying for family members of student visa holders. It's not a simple problem as you've found out.

First, note that the 13 weeks does not include study periods prior to the start of exam periods, and exam periods. So it may be that depending on the exact schedule of your remaining PY course, you might just squeeze in if you exclude the exam periods and pre-exam study periods if those apply.

If you are found to have breached your visa conditions, it can create big problems for any future migration in Australia, so that is not a good idea.

The alternative is to apply for a new student visa to cover the remaining period you wish to study this is probably the best solution if you can get approved. Problem is, assuming you're from an Assessment Level 2, 3 or 4 country, you will need to make a submission as to why there are "exceptional circumstances" since DIAC does not normally allow onshore student visa applications from these countries unless there are exceptional circumstances in this case, since you are in the middle of a PY course, that may qualify, but you will need to have a well written exceptional circumstances request in order to have a chance at getting this through. And another issue that might come up with this plan is if your 4-month new student visa has a No Further Stay condition attached, but perhaps one thing at a time.

Bottom line: you have a complicated visa situation and you would probably be best served by engaging a migration agent to help you sort things out and research the regulations to put together a good plan for you. It sounds like you've got the basic information, though, so the next step is yours.

Best,

Mark Northam

Hi Mark!

I was looking for possibilities just incase I want to study in Australia it is stated in my visa condition 8201 limit 3 months of study.

Can I apply for student visa after my tourist visa ceased? With this I can stay longer in Australia ? How many months is given to acquire student visa? I am a Filipina living in Tokyo. I want to apply onshore before my tourist visa cease August next year.

Where can I find English lessons in Australia? I am an English Translator in a company in Tokyo, Japan. Can I study caregiving eventhough my work in Tokyo contradicts the study program that I chose? Or do I have to enroll English Teaching?

Pls enlighten me on this.
Thank you,
Girl in Tokyo


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Old 09-11-2013, 12:04 AM
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Hi -

A subclass 600 visitor visa is one of the qualifying visas that allow persons to lodge student visa applications when in Australia. That being said, the student visa application process has many aspects to it - including financial requirements, English requirements, and Genuine Temporary Entrant assessments - best to review the requirements carefully before applying.

As far as timing goes, you would be issued a bridging visa when you make your application - if the current 3-month stay of your visitor visa ends after you've applied for a student visa, but before the visa has been granted, then the bridging visa would activate. In most cases these are processed onshore in a few weeks. You can choose to study anything you'd like as long as it is CRICOS listed in Australia. Your choice of course would be considered in the Genuine Temporary Entrant assessment.

Hope this helps -

Best,

Mark Northam

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Old 09-11-2013, 12:26 AM
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Originally Posted by MarkNortham View Post
Hi -

A subclass 600 visitor visa is one of the qualifying visas that allow persons to lodge student visa applications when in Australia. That being said, the student visa application process has many aspects to it - including financial requirements, English requirements, and Genuine Temporary Entrant assessments - best to review the requirements carefully before applying.

As far as timing goes, you would be issued a bridging visa when you make your application - if the current 3-month stay of your visitor visa ends after you've applied for a student visa, but before the visa has been granted, then the bridging visa would activate. In most cases these are processed onshore in a few weeks. You can choose to study anything you'd like as long as it is CRICOS listed in Australia. Your choice of course would be considered in the Genuine Temporary Entrant assessment.

Hope this helps -

Best,

Mark Northam
Thank you Mark!

Pls clarify me on this:

If given a student visa do I have to finish a year of studying? After 3 months of my last visa in August 2014 I will apply for Student Visa is that what you meant? Can I apply for defacto partner visa later? How many months should I wait to change visa status from student to defacto?assuming I have been living with my partner for 12 months in a genuine and continuing relationship.


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Old 09-11-2013, 12:32 AM
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Hi GIT -

Student visas are available for a variety of longer and shorter study periods - all depends on the visa, school and course. If you wish to apply for a student visa while holding a visitor visa, that's fine too, just make sure you carefully review all the requirements & regulations involved. Partner visa applicant can happen at any point you're ready and qualified.

Assuming you lodge a partner visa application while holding a student visa, your student visa would remain intact until it expires, after which the Bridging Visa for your partner visa application would automatically activate and you would be on that visa until a decision is made on your partner visa application.

Also do note that if you plan to lodge any visa while here on a visitor visa, you must make sure that your visitor visa does not include Condition 8503 which prevents further onshore applications while in Australia holding that visa.

Best,

Mark Northam

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Old 09-11-2013, 12:38 AM
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Quote:
Originally Posted by MarkNortham View Post
Hi GIT -

Student visas are available for a variety of longer and shorter study periods - all depends on the visa, school and course. If you wish to apply for a student visa while holding a visitor visa, that's fine too, just make sure you carefully review all the requirements & regulations involved. Partner visa applicant can happen at any point you're ready and qualified.

Assuming you lodge a partner visa application while holding a student visa, your student visa would remain intact until it expires, after which the Bridging Visa for your partner visa application would automatically activate and you would be on that visa until a decision is made on your partner visa application.

Also do note that if you plan to lodge any visa while here on a visitor visa, you must make sure that your visitor visa does not include Condition 8503 which prevents further onshore applications while in Australia holding that visa.

Best,

Mark Northam
No 8503 condition stated

Course Name: TOEFL IBT Preparation Upper Intermediate to Advanced

I am interested to take this and it says for 10 weeks ... If I apply for student visa will DIAC give me only 10 weeks student visa for this?

What if I want to study another course again?


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Old 09-11-2013, 12:51 AM
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Would need to look at the specifics for the course and school to see how this all would work - better handled in our consultation.

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Northam Lawyers http://nlaw.com.au [email protected]
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Old 09-11-2013, 12:55 AM
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Would need to look at the specifics for the course and school to see how this all would work - better handled in our consultation.
Ok . Thanks Mark!

Just saw the school fees and it is expensive. Hmmm I am confused now on what to do.. I think better that we focus on my Partner Visa and check and see if our documents are enough to prove DIAC that we are in a genuine and continuing relationship.


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