voluntarily cancel student visa and applying partner visa. It's been a mess

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voluntarily cancel student visa and applying partner visa. It's been a mess


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Old 10-24-2019, 08:06 AM
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voluntarily cancel student visa and applying partner visa. It's been a mess

Hi everyone,

My partner and I are in a complicated situation here and would like different perspectives

Below was the original place as advised from a friend's migration agent

My partner had a student visa from Feb 2018 - Mar 2019. We got married in May 2018. She wanted to use her planned school fee which was 8k for partner visa instead so she didn't wish to continue her final semester which was a top-up diploma. The school and agent advised that she would need to request to cancel her CoE for diploma and then the student visa would be voluntarily cancelled within 28 days of that automatically. She would then need to leave the country within 28 days of her last school day and re-enter using an ETA. We would then apply for partner visa within 3 months . She mentioned that my partner would only need to leave for a few days .

The school had confirmed cancellation of CoE in late June this year and advised that the info was passed to Immigration and her student visa would be cancelled within a month, we didn't need to do anything from our end as the CoE will automatically detach from the visa, forcing it to cancel. My partner then left the country mid-July for 3 weeks, applied for ETA and re-entered Australia in early Aug.

Below is what really happened.

1) The student visa is still in effect til this day and it's been 4 months. ETA is NOT in effect.

2) We requested to cancel student visa via ImmiAccount in late July, while she was offshore. The immigration hotline staff said they only received the request when we lodged it, instead of receiving from school.

3) Before her arrival, hotline staff also said that her ETA (which was granted) would automatically cancel existing student visa once she's arrived and onshore.

4) Boarder officer almost denied her entry as student visa was still in effect and she's hold ETA as the same time. They had warned her that she was not allowed to work/study and must leave the country within 3 months as per ETA condition.

5) Due to the complex situation, we went with another legit migration agency to help with partner visa application and student visa issue. They emphasized that her ETA would not be ceased even if the student visa is cancelled. This is NOT true as we emailed cancellation dept to follow-up and they said that ETA would also be removed upon student visa cancellation, meaning her stay become unlawful.

6) Agent realized he gave the wrong info and gave us 2 options, he said option A is preferable :

OPTION A - my partner remain onshore > wait forever until student visa is cancelled -> apply for BVE -> apply for partner visa -> remain as BVE until partner visa is grated which would take 2 years. That means she's not allow to work and travel outside for 2 years.

OPTION B - Apply for partner visa now (am pushing him to lodge it asap) -> bridging visa A granted -> wait forever until student visa cancelled which will also cancel BVA-> leave country -> enter with a new ETA -> wait 3 months and reinstate BVA

Not sure why he suggested option A as it seems shitty, correct me if I'm wrong please.

Since immigration hotline staff is no help at all and both agents had given me wrong info, I really would like some views on this.

Q1) Would my partner need to leave on 4th Nov which her ETA was supposed to end? The boarder officer had serious warned her and we are worried that they might deny her entry/visa application in the future if we dont do so.

Q2) We saw online that we can apply work right for BVE . Is it worth the hassle? We are currently relying on my full time salary which is just above the min wage

Q3) Agent said BVA could be reinstated once she returns with a new ETA. Is this true? as I can not find anything online. If so does it worth the risk, money and time?

Q4) Ultimately, what would be the best solution for us that is most cost effective , lawful and less hassle.


Thank you so much everyone, am feeling extremely hopeless at the moment after paying almost 3k to the agent for wrong info


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Old 10-24-2019, 08:38 AM
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Yes the Student Visa to Partner Visa is all ways a problem.

Were the two migration agents Registered Migration Agents?

I am not sure even what you have been told now is correct.

Yes, Immigration hotline staff are no help - they are not qualified to give immigration advice nor are they accountable for giving wrong advice.


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Old 10-24-2019, 09:57 PM
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I've seen similar inconsistency with some people having their student visas linger on long after apparent CoE cancellation, and others the opposite - I think it boils down to workflow 'issues' within the PRISM system.

I would consult one of the MARA agents here:
https://www.australiaforum.com/visas...on-agents.html

Specifically CCMS / wrussell / paulhand - since they post here regularly.

You could also try consult a few other MARA agents that provide a first consultation for free, like:
https://www.facebook.com/NewStarsACT/

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Old 10-24-2019, 10:18 PM
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You are in all sorts of trouble.

If you go to my website pinoyau.com and use the contact form I shall review your case and put you on the right track in respect of a refund or credit and your best visa strategy, if you wish.

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Last edited by wrussell; 10-24-2019 at 11:36 PM.

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Old 10-25-2019, 01:28 AM
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Quote:
Originally Posted by ampk View Post
Yes the Student Visa to Partner Visa is all ways a problem.

Were the two migration agents Registered Migration Agents?

I am not sure even what you have been told now is correct.

Yes, Immigration hotline staff are no help - they are not qualified to give immigration advice nor are they accountable for giving wrong advice.
It wouldnt be a problem if they state clearly that the visa needs to be cancelled and confirmed first before coming back with an ETA ugh

and yes both agents are legit

hotline staff literally just read things off the website and I get different info each time. So frustrating


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Old 10-25-2019, 01:36 AM
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Quote:
I am not sure even what you have been told now is correct.
From what has been posted it isn't.

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Old 10-25-2019, 01:54 AM
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Originally Posted by wrussell View Post
From what has been posted it isn't.
Yes i feel the same, so we are considering to have my partner exit the country before the 3 months mark > have her wait offshore until the student is cancelled and confirmed > re-enter Australia with new ETA > apply partner visa within 3 months

We just think this is the most secure pathway although it's time consuming any thoughts?


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Old 10-25-2019, 04:15 AM
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I think you should take Westley up on his offer a couple of posts above.

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All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation.

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Old 10-25-2019, 05:25 AM
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Originally Posted by paulhand View Post
I think you should take Westley up on his offer a couple of posts above.
Thanks Paul , have already contacted Westly


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