Applied Partner Visa 820 while holding 573 student visa. failed to enrol this smester

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Applied Partner Visa 820 while holding 573 student visa. failed to enrol this smester


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Old 08-01-2013, 02:19 AM
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Applied Partner Visa 820 while holding 573 student visa. failed to enrol this smester

Hi
I'm currently holding a 573 student visa which expires August 2014. That's a 1.5 years Master degree course which started this February. Before that, I've already got another degree in Australia.

I've finished my first semester's course in June 2013 but deferred my final exams due to some family issues and went back to my home country. After came back to Australia, I decided to apply Partner Visa 820 as my husband is an Australian permanent resident. We married this April. We both think there's no need to go for study again since I've already studied in Australia for almost three years. Therefore, I applied my Partner visa on 15th July.

I've heard since I'm holding a valid 573 student visa so the immigration office will not give a bridge A. However, there should be a acknowledgement letter sent to me after I applied 820. I didn't receive any email or letter from immigration center. When I called, they said they've posted on the 22rd July.

Here's the problem, I've missed the last date for enrollment, and school called me said there's no chance to enrol this semster and ask me to fill an application named leave from studies. If I failed to do that, they will cancel my COE immediately.

Just wondering, should I go to Immigration center to cancel my student visa voluntarily? If the visa been cancelled, which visa will I be granted, is that Bridge Visa E? and will this affect my application for the Partner Visa. I even couldn't proof to school that I've applied my partner visa since I've haven't get the acknowledgement letter stating that I applied Partner Visa.

Really need help.
Thanks


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Old 08-01-2013, 04:20 AM
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It is my understanding (I'm NOT a migration) that if your student visa is cancelled your bridging visa A will also be cancelled because you do not have a substantive visa to 'bridge' from to your partner visa. If that happens than you would be in Australia illegally without a visa. If you go to the DIAC and voluntarily cancel your student visa they would most likely give you bridging visa E to stay in the country during processing of your 820/801. I think your best course of action is to consult a MARA registered migration agent and then make an appointment with the DIAC.

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Old 08-01-2013, 04:21 AM
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I'd suggest professional help on this one. We deal mostly with Bridging Visa A and B here - not many of us have much experience with other types of Bridging Visas. You're right, though, that you will no longer be eligible for a Bridging Visa A given your situation. I don't *think* it would affect your partner visa application, but I'm not sure - all the more reason for a consultation with an RMA (registered migration agent), in my opinion.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 08-01-2013, 04:22 AM
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Jinx, Whitney.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 08-01-2013, 06:43 AM
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What I've known is if my student visa been cancelled, I might be granted Bridge Visa E before the Partner Visa is processed. Maybe really should go to migration agent. Thanks


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Old 08-01-2013, 02:28 PM
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Quote:
Originally Posted by summersyd View Post
What I've known is if my student visa been cancelled, I might be granted Bridge Visa E before the Partner Visa is processed. Maybe really should go to migration agent. Thanks
I think this is correct and you must apply for the BVE. I do think consulting a migration agent (Mark Northram who advises people on the forums here is a great choice) is a great idea.

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Old 08-01-2013, 04:24 PM
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Hi SummerSyd -

Whitney and CG are correct again! There is no convenient way to end a student visa early other than voluntary cancellation, which also cancels your unactivated Bridging Visa A from your partner application, instantly makes you unlawful and then requires you to go to DIAC and apply for a Bridging Visa E. The BV-E carries with it a number of negative side-effects - the good news is that it should not affect the processing of your partner visa application, however if you leave Australia while holding a BV-E you cannot re-enter on that visa and also have a 3-year exclusion period imposed automatically which affects your ability to lodge any further temporary visa application (ie, student, visitor, 457 temporary work visa, etc). Since you've lodged the partner visa application (a permanent visa application) the exclusion period wouldn't cause a problem for the partner visa application, however if the partner visa application was refused for any reason, you'd be left with a mess - an on shore refusal (which means no further applications onshore on this trip other than for a protection visa), plus an offshore temporary visa exclusion period. A mess to say the least.

Work rights can also be a hassle to get on a BV-E in some cases (they are not automatically granted - you must prove financial hardship to DIAC's satisfaction), and there are other issues to consider - not trying to drum up business here, but would strongly suggest you consult a registered migration agent so you can get all the facts and regulations that will affect you if you go the voluntary cancellation route.

That being said, when your partner visa is granted, it will replace whatever visa you currently are on (ie, any bridging visa, student visa, etc).

Hope this helps -

Best,

Mark Northam

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Old 08-01-2013, 11:43 PM
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Quote:
Originally Posted by CollegeGirl View Post
I'd suggest professional help on this one. We deal mostly with Bridging Visa A and B here - not many of us have much experience with other types of Bridging Visas. You're right, though, that you will no longer be eligible for a Bridging Visa A given your situation. I don't *think* it would affect your partner visa application, but I'm not sure - all the more reason for a consultation with an RMA (registered migration agent), in my opinion.
Thank you
Have a basic idea now.
I've asked several friends, they got their acknowledgement letter very quick and usually via email.
So far, I haven't received any email or mail, and I called DIAC, it seems they sent me the acknowledgement letter by mail last Monday.


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Old 08-01-2013, 11:45 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi SummerSyd -

Whitney and CG are correct again! There is no convenient way to end a student visa early other than voluntary cancellation, which also cancels your unactivated Bridging Visa A from your partner application, instantly makes you unlawful and then requires you to go to DIAC and apply for a Bridging Visa E. The BV-E carries with it a number of negative side-effects - the good news is that it should not affect the processing of your partner visa application, however if you leave Australia while holding a BV-E you cannot re-enter on that visa and also have a 3-year exclusion period imposed automatically which affects your ability to lodge any further temporary visa application (ie, student, visitor, 457 temporary work visa, etc). Since you've lodged the partner visa application (a permanent visa application) the exclusion period wouldn't cause a problem for the partner visa application, however if the partner visa application was refused for any reason, you'd be left with a mess - an on shore refusal (which means no further applications onshore on this trip other than for a protection visa), plus an offshore temporary visa exclusion period. A mess to say the least.

Work rights can also be a hassle to get on a BV-E in some cases (they are not automatically granted - you must prove financial hardship to DIAC's satisfaction), and there are other issues to consider - not trying to drum up business here, but would strongly suggest you consult a registered migration agent so you can get all the facts and regulations that will affect you if you go the voluntary cancellation route.

That being said, when your partner visa is granted, it will replace whatever visa you currently are on (ie, any bridging visa, student visa, etc).

Hope this helps -

Best,

Mark Northam
This is really helpful.
Thanks Mark
I think I need to make my mind, continue my study or take BVE


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