572 Student visa Voluntary cancellation and partner onshore lodged

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572 Student visa Voluntary cancellation and partner onshore lodged


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Old 03-17-2013, 10:10 AM
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572 Student visa Voluntary cancellation and partner onshore lodged

Hi guys i need your help to a really very complex issue. My boyfriend is on 572 student visa. We lodged our partner onshore visa on December 2012 and we haven't heard nothing back from DIAC. The application lodged at Perth processing center. Our situation is really bad my boyfriend wants to voluntary cancel his student visa because of financial issues (very expensive). If will cancel his visa what will happen after? Our partner application will be at risk?
I have a feeling that our application will take very long. Please advice us how we can voluntary cancel the student visa without to put at risk the partner onshore application????????


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Old 03-17-2013, 01:22 PM
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Hi Kangaroo -

This is a complex issue and I suggest you obtain professional guidance.

I can only speak generally since I do not have access to all the facts of your case. Generally speaking, if an onshore partner visa applicant voluntarily cancels his student visa, that also cancels the underlying Bridging Visa A he received when he made the onshore partner visa application, and worse, he instantly becomes unlawful and then must apply for a Bridging Visa E, and may also need to apply for work rights on that visa (based on evidence of financial need) as it does not come with work rights automatically. All of this should be done, in my view, in a single trip to DIAC and all affairs should be completed before you leave the building, and the cancellation request must be done in writing as must the Bridging Visa E application.

While this should not affect the processing of your partner visa application, it does mean that he cannot re-enter Australia if he leaves the country on a BV-E as a Bridging Visa B, necessary to re-enter Australia while on a bridging visa, is only available to Bridging Visa A holders.

Again, I suggest you obtain professional assistance if you're considering this as it's a major decision. Advice from a Registered Migration Agent can help you look at the big picture and ensure that this choice is in your best interests in the long term, and can help identify any additional issues about your case that could affect this decision and the resulting changes to your migration status.

Hope this helps -

Best,

Mark Northam

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