unlawful after 28 days Student Visa 500 cancellation and Partner Visa - Page 2

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unlawful after 28 days Student Visa 500 cancellation and Partner Visa - Page 2


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Old 04-27-2018, 07:15 AM
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If you've applied for a partner visa the department may elect to ignore the fact you are in breach of your current visa condition as a student until thy make a decision on your partner visa. So you may find they never bother to cancel it at all.

However if you leave the country you'll probably find you cant get in so a bit of a catch 22 - likewise your beholden to the other conditions of the visa.

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Old 04-27-2018, 07:17 AM
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Oh and to find out if your currently unlawful have a look on vevo.

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Old 04-27-2018, 07:21 AM
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I know some have not been cancelled and been allowed to expire and allowing the Bridging Visa to come into effect.

But my memory of these is that they were older applications for the 820 and had months (less than 6 I think) from the normal process time publicised at the time.

Others not so lucky.

I think this time of year they will be busy for the next few months meeting end of year requirements.


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Old 04-27-2018, 07:27 AM
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I was in breach of my visa conditions all the way thru until they made a decision on my 820 about 9 months in total - my BVA never went active

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Old 04-27-2018, 08:26 AM
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I have probably read that about you before Mania - with process times now I never considered a Student Visa would still be enforce before a 820 decision was made!! LOL.


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Old 04-27-2018, 10:14 AM
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I was a 457 that was made redundant but I'm sure the same theory could be followed.

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Old 04-28-2018, 11:22 PM
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Hi everyone,
for other people who are in my situation I thought it would be good to share what I found out since yesterday. Also it would be great to hear the opinion of the more experienced people here!

My situation: I am currently on a 500 Student Visa which is only due to expire in 2021. However, I withdrew from my studies and needed to apply for another Visa. I have lodged a partner visa because I was unaware of the fact that the cancellation of my student visa would also cancel my bridging visa A, making me unlawful etc.

UPDATE:
I went to see an immigration lawyer yesterday, on a Saturday! He gave me several options:

1.) Voluntarily cancel student visa, hope for no penalties, stay in Australia, apply for bridging Visa E and prove financial hardship if not granted working rights.

Since it is going to be 1.5 years until a decision about my partner visa is made, I would not want to choose this option as I would not be able to travel to my family in Europe.

2.) Voluntarily cancel student visa, hope for no penalties, leave Australia asap, wait until student visa is cancelled,
2.1) apply for an ETA (hope the system doesn't pick up on my already lodged partner visa), come back to AUstralia and apply for reinstallation of the BVA.

2.2) apply for a short-term skilled work visa which my boss would be happy to sponsor but I am more than worried that they would refuse my application based on my immigration history.

3.) Leave Australia asap on not yet cancelled Student Visa, apply for e-Visitor 651 from overseas and back in Australia as for 2.)

The immigration lawyer said I would have the biggest chances on option 2.1. Honestly to me this sound really doggy - coming in on a tourist visa to stay permanently. But at this stage I have no other option and am packing my suitcase.


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Old 04-28-2018, 11:33 PM
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Mania aka my life-saver

"If you've applied for a partner visa the department may elect to ignore the fact you are in breach of your current visa condition as a student until thy make a decision on your partner visa. So you may find they never bother to cancel it at all.

However if you leave the country you'll probably find you cant get in so a bit of a catch 22 - likewise your beholden to the other conditions of the visa."

Hi Mania, obviously still unfamiliar with this forum - did not even see the reply on my own thread.
One of the people I spoke to on the home-affairs phone gave me similar advise. He said as long as I have applied for another visa, I can stay and hope for them not to cancel my visa.

Until 2021 I definitely want to leave the country though - Should I just take the chance? Or can I request permission to travel somehow?

Also, can you recommend an immigration agent who knows of " for a partner visa the department may elect to ignore the fact you are in breach of your current visa conditions?"


Last edited by ChrisfromAustria; 04-29-2018 at 05:17 AM.

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Old 04-29-2018, 12:20 AM
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Not sure of the chances of the ETA with the time currently spent in Australia recently.

You can not say you are coming on a Visitor Visa to stay permanently. It is reason to refuse the visa or be turned away on arrival by immigration - you need to be on vacation/ visiting family and friends.


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Old 04-30-2018, 04:18 AM
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It sounds like whomever you've spoken to has given you some realistic options.

The problem with immigration is that there is no hard an fast rule, one departmental agent may make a different decision to another.

The migration agents job is to review your case, and give you a list of options that are relevant and then to let you know which one is most likely to succeed.

I have given you an example of my story above, it worked for me in my circumstances with my limitations - travel was no issue and was the advice of my migration agent - I also heard most of the above options as well.

You really need to work out what you need and prioritise it. If you HAVE to leave the country prior to your 820 grant then my route is irrelevant as you won't be able to do so.

I don't know your migration agent - are they MARA registered? There's some on here I can point you towards and tell you with confidence that they will give you factual advice based on your case. Wether it will change from the advice you've already been given I don't know as I don't know the ins and outs of your case and nor am I qualified to ask and to check.

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