What happened if I apply for a partner visa before my COE is cancelled?

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What happened if I apply for a partner visa before my COE is cancelled?


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Old 12-14-2017, 06:59 AM
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What happened if I apply for a partner visa before my COE is cancelled?

Hello,

I am currently on a student visa that expires on May 2018. with my partner we have decided to apply for a partner visa because I'm in risk for my COE being cancelled, so our plan is apply for this visa before that happens. so someone knows if at the moment we apply am I granted a bridging visa A? and also do you know if the cancelation of the COE will affect any of the application process? thanks a lot for your help on this!!


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Old 12-14-2017, 09:02 AM
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If the cancellation of your COE leads to the cancellation of your student visa, any bridging visa you’re holding at the time would most likely be cancelled too.

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Old 12-14-2017, 09:58 AM
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Thank you for your reply. What do you recommend we do given our situation? I would have thought the cancellation doesn't have a bearing given it would happen 1 month after we apply for the partner visa?

Would it make more sense to cancel my enrolment at my uni and then apply for the partner visa - that way it is me cancelling the eCOE instead of the Uni? Or, will that not matter?


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Old 12-14-2017, 10:23 AM
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You are looking at a World of pain!

Consult a RMA now ,or be prepared for some very nasty requirements that I doubt you can meet or even know about.


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Old 12-14-2017, 08:23 PM
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It does not matter who cancels it. The BVA tied on one end to your partner visa is tied on the other end to your student visa. If the student visa is cancelled, so is the BVA. It does not matter if you apply for the partner visa before the cancellation, after it, or who cancels the student visa.

The BVA does not even go into effect until the current visa expires, so you have to maintain your current visa and abide by it until then. Cancellation can make you unlawful as you won't be on any visa.

If you are adamant about having the student visa cancelled, you should speak to an RMA (one commented on your post already) and make sure you understand your options BEFORE you apply for the partner visa.


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Old 12-14-2017, 08:40 PM
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Quote:
Originally Posted by Alepeto View Post
Thank you for your reply. What do you recommend we do given our situation? I would have thought the cancellation doesn't have a bearing given it would happen 1 month after we apply for the partner visa?

Would it make more sense to cancel my enrolment at my uni and then apply for the partner visa - that way it is me cancelling the eCOE instead of the Uni? Or, will that not matter?
My advice is to stick it out and continue your studies until your student visa ceases or be prepared for a whole lot of unpleasant complications that may affect your life for years to come. Either way, sit down with a Registered Migration Agent, so you properly understand the issues and can make an informed decision.

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