Student Visa > BVA

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Student Visa > BVA


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Old 03-12-2018, 10:31 AM
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Student Visa > BVA

Hi all

My gf and I have recently applied for the partner visa. She is currently on a student visa which doesn't expire until December 2019 - a long way off. She no longer wishes to study (the course and teaching is terrible) and wants to work full time.

The trouble is, the shiny new BVA with full working rights etc. doesn't kick in until the student visa expires.

So the question is, has anyone had any experience in shortening the student visa or moving to another visa (perhaps a tourist visa) for a shorter period of time in order to surface the BVA sooner?

Thanks,


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Old 03-12-2018, 10:44 AM
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Ah, the student visa to BVA question. So many get caught in that trap.

Don't think there's a way but an RMA would know. As far as I understand it, she's bound by the conditions of the student visa (including studying to maintain it) until it ends. She could cancel it and go to a BVE but this has no work or travel rights either and is not something anyone would want to be on.


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Old 03-12-2018, 10:45 AM
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The upside is maybe the 820 will get processed quickly, granted and the override the student visa. We've seen grants within a few months lately but most people seem to wait at least a year or more.


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Old 03-12-2018, 10:49 PM
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Unless she's truly desperate, remaining on the student visa and continuing studying is usually the far better option. As Skyblue said, cancelling and going on a BVE usually comes with all sorts of issues due to the lack of work rights (she can apply to have these added but needs to provide evidence of financial hardship) and no travel rights which cannot be added.

It may be a better option for her to look for a course she prefers and check with a registered migration agent about switching courses and any affect on her student visa.

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Old 03-12-2018, 11:30 PM
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Quote:
Originally Posted by WakeUpMaggie View Post
Hi all

My gf and I have recently applied for the partner visa. She is currently on a student visa which doesn't expire until December 2019 - a long way off. She no longer wishes to study (the course and teaching is terrible) and wants to work full time.

The trouble is, the shiny new BVA with full working rights etc. doesn't kick in until the student visa expires.

So the question is, has anyone had any experience in shortening the student visa or moving to another visa (perhaps a tourist visa) for a shorter period of time in order to surface the BVA sooner?

Thanks,
She has the option to change courses, if that is the reason she wants to stop studying. When she applied for a student visa she would have been aware what was involved.

Technically she could apply for a very short tourist visa in order to replace the student visa. She'd have to provide an explanation and it would be totally up to the case officer if they would go along with that.

My advice would be to find a more suitable course and to stick it out.

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