572 visa Entry to country before course

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572 visa Entry to country before course


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Old 03-10-2013, 01:48 AM
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572 visa Entry to country before course

Hi guys,

I've been looking for information on how long before your course starts you can enter Australia on a 572 student visa if you are from an assessment level 1 country.

The 3 most common answers I've found so far but none from solid sources are.

1. 4 weeks before course starts
2. 90 days before course starts
3. Anytime once your visa is granted and visa can be applied for up to 3 or 4 months (depending on where you read it) before course starts.

Does anybody know for sure what the rules are?

Cheers


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Old 03-10-2013, 01:28 PM
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Hi MrMessy -

Assuming you are applying for the visa outside Australia and it is your first student visa (not a subsequent student visa), you cannot apply for the visa more than 124 days (4 months) before the course commencement date.

Once you are issued the visa, you can enter Australia at any time after the date indicated on the visa.

If you are in Australia and applying for a subsequent student visa, generally you should not apply more than 93 days (3 months) before the course commencement - if you do, they will give the application extra examination due to genuine student considerations.

Hope this helps -

Best,

Mark Northam

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Old 03-10-2013, 08:37 PM
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Thanks Mark,

It's good to finally hear some solid numbers from somebody, this includes migration agents i have spoken with.

The visa would be applied for from within australia and be a first student visa, immi says this is doable for assesment level 1 passport holders.

You say the date indicated on your visa. This is my question, what would that date be? Would it be the date of issue?, a month before the course starts?, 3 months before the course start?, up to the discretion of the issuing officer?

My concern is that my friend would have to leave australia between the end of her current visa and the start of her course, which seems ludicrous given there are only a few months in between.

The tricky part is that she was on an 820 visa and applied for a course before her partner decided he wanted to end it but she would still like to do her course.

Thanks for your response,

Cheers,
Messy


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Old 03-10-2013, 10:23 PM
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Hi Messy -

Sounds like it's time to work out a timetable - note that assuming there are no visa conditions she has currently that would prevent her from lodging another application onshore, she'd be issued a bridging visa when she made the student visa application - this normally would cover her up until the decision date on the student visa application, plus 28 days after that, so if her current visa expired within that time, she'd be covered by the bridging visa. Whether there would be any time "left over" between the end of the 28 day period after the bridging visa, and the start date of the student visa, would probably be up to the case officer's discretion.

Normally student visas are issued with a start date about a month (maybe 2 max) before courses commence. If there was a short period (weeks) between the end of the bridging visa coverage and the normal start of the student visa, the case officer may elect to adjust the start of the student visa to avoid that gap. But that's why the 93 day policy - if you apply within this period, I believe it's normal for DIAC to set the visa start date so it coincides with the end date of your current visa and/or provide a bridging visa to cover the time, so no gap. But again, up to the case officer.

Hope this helps -

Best,

Mark Northam

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Old 03-10-2013, 10:31 PM
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Thank you so much Mark,

I can't tell you how much of a relief it is to find someone who can give clear answers.

Her course would start on the 7th of July and I expect they will be reporting the breakdown of their relationship within the next week or two, he is currently away. Hopefully that will create a situation where the timing is workable and she can stay until commencement.

Cheers,
Messy


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Old 03-10-2013, 10:43 PM
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Hi Messy -

That seems workable - would advise her to have the student visa application ready to go when the breakdown is reported to DIAC and consider going in to DIAC and doing both at the same time. Ask the DIAC folks for their assistance in handling the ceasing of the 820 and the application for the student visa as to create no gap, AND perhaps more importantly, to avoid any exclusion period related to the cancellation - there should be no exclusion period in this case from what you've told me, but better to confirm that with DIAC folks in person at the time. For certain types of visa cancellations, there is a 3-year exclusion period where you cannot apply for any temporary visa (ie, visitor visa, student visa, 457 temporary work visa, etc).

If they refuse to accept her application because it's more than 93 days out (they really can't refuse to consider it, but may complain), then nicely ask them to confirm there will be no exclusion period as a result of her 820 cancellation and then lodge it before the 28 day period after the 820 is cancelled or whatever timeframe they provide for you.

Best,

Mark Northam

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Old 03-13-2013, 01:20 PM
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Hi mark,

I think we have hit a snag with our plan my friend has checked the qualifying visas for an onshore application for a student visa and found this

Qualifying Visas for Student Visa Applications Lodged in Australia

Does this mean you can't apply for a student visa form an 820 visa?

Cheers,
Josh


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Old 03-13-2013, 02:26 PM
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Hi Josh -

Excellent point - and a good reminder to me about trying to do visa assessments online without all the documentation and details in front of me! My apologies for not catching that.

I expect the reason the 820 is not on that list is that the 820 visa comes with full study rights, therefore it would be highly unusual for an 820 visa holder (who has more rights than a student visa holder) to want to go "backwards" and apply for a student visa.

This situation is going to take some time to work out, and should be done with a complete understanding of the situation, the situation with the former sponsor, the timing on what the former sponsor may have reported or not, complete visa history for the applicant, etc. Every detail is critical in these kinds of situations.

One pathway you might investigate (or have an agent investigate for you if you engage one) is to see if it is possible to have 820 ceased without a cancellation. That would permit application for another visa prior to the ceasing of the 820, perhaps a 676 visitor visa (although those are being replaced in 10 days) to extend her stay in Australia. The 676 would then allow application for a student visa. Now that they're changing the visitor visa regulations, the new visas should be examined in light of these circumstances and see what can be arranged.

I hope this is helpful - please advise if I can assist any further -

Best,

Mark Northam

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Northam Lawyers http://nlaw.com.au [email protected]
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Old 03-14-2013, 04:02 AM
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Thanks Mark,

I have sent you an email on your [email protected] address

Cheers,
Josh


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Old 03-15-2013, 09:12 AM
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It takes 3 months before course starts.


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