Kicked out of University - new visa

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  • 1 Post By Jeremy Hooper

Kicked out of University - new visa


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Old 11-13-2017, 04:27 AM
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Kicked out of University - new visa

Hello,

I hope someone hear can help me. There does not seem to be anyone at the University who can help me.
I just called Immigration, but the guy I was talking to either didn't listen or didn't understand what I asked him.

Basically, I got kicked out of Uni doing a PhD, as I wasn't good enough. Right now the appeals process is taking place, but from my understanding my Confirmation of Enrolment will be cancelled on the 6th of December and Immigration will be automatically informed.

I already got accepted into a Master's degree and will be provided with a new Confirmation of Enrolment.

Question 1: Do you guys think the new visa might not be approved as I failed the first time at Uni?

My second issue: I was told that between the date when I apply for a new visa and the day I start the new course, it can't be a longer period than 3 months if I want to remain in Australia in that time. Meaning, taking that under consideration I can't apply for the new visa before the 13th of December.
University will inform immigration around the 6th of December though.

Will I be in trouble if I apply for the new visa a few days after my CoE will be cancelled?

This is information I found on another Universitys website:
"If you are notified by the University that your Confirmation of Enrolment (CoE) has been cancelled, you will have 28 calendar days from the date of CoE cancellation to either leave Australia, arrange for a new CoE, or apply for a different visa subclass. After this 28 day period has elapsed, it is likely that DIBP will cancel your student visa. Even if your student visa is not cancelled, however, it is unlawful to remain in Australia on a student visa without an active CoE any longer than the 28 day allowance. The penalties for remaining in Australia unlawfully may include detention, deportation, and / or the imposition of a three year ban on returning to Australia."

According to this information I will have 28 days after cancecllation of my CoE to apply for a new visa.

What would you guys do in my situation?


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Old 11-13-2017, 06:36 AM
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I would talk to an experienced Registered Migration Agent and find out what your options are.

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Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
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Old 11-18-2017, 09:26 AM
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Join Date: Nov 2017
Posts: 1
Users Flag! From china

Hi,

So I am basically in the same situation as you do unless i didn't receive any new Confirmation of Enrolment yet.

As you have just accepted a new Confirmation of Enrolment, You will be able to continue your student visa and apply for a new one. As long as you explain to government the reason why you failed during you PhD studies there shouldn't be much problems i don't think!

I hope it helps because I totally understand your situation and how you are stressing. And hope it goes well


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Old 11-18-2017, 10:02 AM
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Quote:
Originally Posted by Brumsel View Post
What would you guys do in my situation?
Contact a RMA that is Australian based - like the one that replied to your post.


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