Terminating Student Visa and Travelling

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Terminating Student Visa and Travelling


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Old 11-26-2017, 04:37 AM
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Terminating Student Visa and Travelling

My partner is on a student visa at the moment.
The student visa expires in June/2018.
We recently applied for a Temporary partner visa, my understanding is that you automatically get a BVA with this visa, but does not come into effect until your current substantive, his student visa, ends.

We are travelling from 11/12/17-1/2/18.
We want to end his student visa ASAP. In order to do this we have to give his college 3 months notice.
If we were to theoretically submit the cessation of studies notice to his college on the 1/12/17, therefore the 3 month notice would end on 1/3/18, does this jeopardise his ability to travel on the student visa or come back into the country during this 3 month giving notice period, specifically from 11/12/17 - 1/2/18.

Thank you!


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Old 11-27-2017, 09:31 AM
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Do you realise that if your partner cancels his/her student visa then the Department also cancels the underlying BVA. Your partner will become unlawful and have to apply for a BVE. The BVE has no work and no travel.

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Old 11-27-2017, 09:43 AM
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This is not my understanding. He was granted his BVA when we applied for the partner visa. Please explain why cancelling the student visa would impact the BVA.

Thanks!


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Old 11-27-2017, 09:54 AM
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Quote:
Originally Posted by egoo3692 View Post
This is not my understanding. He was granted his BVA when we applied for the partner visa. Please explain why cancelling the student visa would impact the BVA.

Thanks!
As Jeremy said, if you cancel your student visa when you have applied for another visa, the Bridging Visa A associated with the new visa you have applied for will also be cancelled. So you will become unlawful and then you have to apply for a Bridging Visa E with no travel rights. It is not a good idea to do this. That’s just how the system works. Read the migration regulations, if you don’t believe it.

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Last edited by CCMS; 11-27-2017 at 10:16 AM.

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Old 11-27-2017, 10:07 AM
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It is a very bad idea - and both those posters are Registered Migration Agents.


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Old 11-27-2017, 10:37 AM
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Yes, a bad idea indeed. And it is explained as well on both the visa grant notice and the DIBP website so the information has been made available to your partner already.

A bridging visa bridges two visas together. Think of it as a rope bridge. The student visa is holding one end of the bridge to the cliff and the partner visa is holding the other side. The bridge is suspended between the two.

With a BVA grant that is not in effect, you're not even on the bridge yet. You're looking at it from the edge. Student visa cancelled? Bridge supports on your end disappear and the bridge falls. You can't cross the BVA bridge to the partner visa.

It clearly states on the BVA grant notice: "About your bridging visa: This bridging visa is not in effect because your [current] visa is
currently in effect. If your [current] visa is cancelled, you should contact the
department immediately. Your Bridging visa may not come into effect and will not allow you
to remain lawfully in Australia."

It then goes on to repeat it again: "If you hold any substantive visa, and that substantive visa is cancelled, you should contact
the department immediately. Your Bridging visa may have ceased and no longer allow you to
remain lawfully in Australia.
More information about bridging visas is available at www.border.gov.au".

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Old 11-27-2017, 10:43 AM
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You're certainly not the first couple nor will you be the last to make the student to partner visa mistake (referencing trying to end a student visa after an onshore partner visa app). Count your lucky stars you posted here today!


Last edited by Skybluebrewer; 11-27-2017 at 10:44 AM. Reason: Repeated sentence

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Old 11-27-2017, 11:31 AM
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Quote:
Originally Posted by egoo3692 View Post
This is not my understanding. He was granted his BVA when we applied for the partner visa. Please explain why cancelling the student visa would impact the BVA.

Thanks!

You haven't replied since yesterday. I will just say:

you can listen to these people and not cancel the student visa, or you can choose not to listen and cancel it.

The first option will keep things good and steady for you guys. The second option will screw you.

You choose. Sometimes you don't need to understand the system, just comply with the rules and everything will go better.

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Old 11-27-2017, 12:08 PM
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Seego, To get 2 reply's from (bloody good) RMA's is one thing, then a comment from me that has dealt with a few visas (about 20 if I guess) and another poster being Sky that I can tell is no fool from their posts over a long time.

The OP will be wise to be concerned and make a very thorough visa plan, the current one is flawed.


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Old 11-27-2017, 07:12 PM
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Thank you for your response.
We have had different advice because of the use of the word "may".
But, I will obviously check everything.

Also, the reason why cancelling the student visa is a priority is because the current college he has been at for the past 18 months have:
- lost his assignments,
- lost parts of his exams and failed him so he's had to repeat subjects (then, they later they would find the part he had done as we would appeal the failing),
- there is no communication between the tutors and the college on what is expected, therefore, he would do what the tutor has assigned and then the college would officially inform he has not completed his subjects for that term
- when we call to discuss these issues and a supervisor is busy, they say they will call back, they don't
- they tell you one thing in meetings on how to mediate problems, when you email them to confirm what they said is true (to get in writing) they avoid the question and never answer

The list goes on. It's an absolute joke.

My partner is already a person who is susceptible to anxiety and depression and it is truly debilitating. He stopped going to his classes because going to the college was making him depressed. It's a toxic environment, not conducive to learning. Before this college he was a good student and had no problems with previous learning institutions.

His student agent believes that we should make a formal complaint through him and cancel the student visa that way because you can remain in the country for up to 12 weeks on "holiday".

His student visa expires on the 19 June 2018, so our plan is to do something by January/February, because spending an additional $4000 at this college makes my skin crawl.

Do you have any knowledge or advice on this situation?

Thanks.


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