HELP PLEASE - Cancelled Student Visa

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  • 1 Post By depende
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HELP PLEASE - Cancelled Student Visa


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Old 11-25-2013, 09:02 PM
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HELP PLEASE - Cancelled Student Visa

Hi guys,

My partner is in a predicament.

He was on a student visa and completed his course in June 2013. The visa was still valid until May 2014, so he did not enroll into another course (bad decision). We were busy getting married and having a baby, a family member passed away, I was dealing with antenatal anxiety and we just planned to enroll him into a course after this trip overseas and he would start in the new year.
We are now overseas visiting his family and he received an email from DIBP stating that his student visa has been cancelled on the grounds that he is not enrolled in a course. Fair enough.
We have a return ticket to go back early December and were planning to apply for Partner Visa onshore in December. But now he can't go back.

My question is, now that the visa has been cancelled we have replied to the email with a request to revoke the decision to cancel. What are the grounds normally that they will revoke the decision to cancel?

Furthermore, I am his wife Australian born, we have a baby who is Australian born. We have an apartment full of our stuff, his car, his business, well everything really, and he needs to return if not to apply for the Partner Visa, but to tie up all lose ends in Australia.

I stressed that we cannot apply for the Partner Visa offshore as I cannot wait two years alone in Australia with a baby and I cannot live in his country I've already been sick numerous times in a few weeks' visit and so has our 12 week old baby. We are willing to fork out an extra $1500 to apply onshore so he can be with me.

Another few questions:

Has this happened to anyone before?

Can Mark Northam please put your experiences with these situations?

If the delegate revokes the cancellation, how long to they usually give for him to stay in Australia? We asked for 30 days at least in order for us to apply for the Partner Visa (and then he will get his Bridging Visa for applying onshore).

Will the cancellation result in any issues for the Partner Visa?

The cancellation letter said he can apply for any visa after this cancellation.

I am freaking out cos we are due to return in a week or so, we've started packing/shopping/saying our farewells, and this email came through. My baby is due for her immunisations, I am still on maternity leave but will be hopefully returning to work in the new year. We informed the delegate of this but we are not sure what she will reply.

Anyone who has any insight or experiences in this field please reply.

Thanks in advance.

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Old 11-25-2013, 10:08 PM
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Amandy, I wouldn't wait. I would contact Mark Northam via PM ASAP to ask him these questions. You definitely need professional advice on this one.

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Old 11-26-2013, 11:46 AM
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I have contacted Mark Northam already, I would like to know if anyone else has been though this experience before.

Has anyone arrived at the airport without a valid visa? What happened? Were you sent back immediately? Put in detention? Did they give you a few days to gather your belongings and sell your car, furniture, etc.?

Any information would be helpful.

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Old 11-26-2013, 12:04 PM
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Quote:
Originally Posted by Amandy View Post
I have contacted Mark Northam already, I would like to know if anyone else has been though this experience before.

Has anyone arrived at the airport without a valid visa? What happened? Were you sent back immediately? Put in detention? Did they give you a few days to gather your belongings and sell your car, furniture, etc.?

Any information would be helpful.
Hi Amandy,

Put in the search field in youtube to following text: border security Australia, you will than see what happened if you entry in Australia without visa. I watched yesterday and I was really shocked!


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Old 11-26-2013, 12:25 PM
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Quote:
Originally Posted by depende View Post
Hi Amandy,

Put in the search field in youtube to following text: border security Australia, you will than see what happened if you entry in Australia without visa. I watched yesterday and I was really shocked!
I've seen these shows. They often give the client an interview and listen to their circumstances before coming to a decision to throw them out or not. I think a face to face interview is much better than corresponding via email and calling immigration only then to be refused to be transferred to your case officer. What do you think?

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Old 11-26-2013, 12:36 PM
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Quote:
Originally Posted by Amandy View Post
I've seen these shows. They often give the client an interview and listen to their circumstances before coming to a decision to throw them out or not. I think a face to face interview is much better than corresponding via email and calling immigration only then to be refused to be transferred to your case officer. What do you think?
But to 99% of the people the entry was refused! I wouldn't try it if you will lose your money that you spent for your flight ticket. The best thing is to get an advice from a professional migration agent like Mark Northam. I think he will find a way to help you!

Good luck!

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Old 11-29-2013, 03:13 PM
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Cancellation Revoked

Hi

A case officer replied after two days and asked for some documents. Sent them immediately and after an hour a revocation letter was sent through.

Mission sucessful. Thanks DIBP.

CollegeGirl and depende like this.
__________________
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820 granted 30/5/15.
801 applied 18/01/16. PR granted 11/05/16.
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Old 11-29-2013, 03:46 PM
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That is great news!

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #9 (permalink)  
Old 12-01-2013, 12:56 PM
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Yeh. I write really convincing emails it seems.

__________________
I'm the Sponsor!
820/801 lodged online 11/12/13.
820 granted 30/5/15.
801 applied 18/01/16. PR granted 11/05/16.
Citizenship applied 11/05/17.

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Old 12-21-2013, 07:13 AM
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Amandy please share that email with me please so that i can also pick up an idea from that and write it to them hopefully to revoke my visa i need to go back to australia very soon


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