Student Visa to Tourist Visa then Extend or Change to Student

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Student Visa to Tourist Visa then Extend or Change to Student


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Old 09-10-2010, 02:26 PM
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Question Student Visa to Tourist Visa then Extend or Change to Student

Hi Guys,

We are in a bit of a pickle as to what is the best decision.

My 29yr old brasillian bf has been living in Australia since Sep 2008. Between first arriving Sep 2008 and April 2010 he has been on a student visa studying at a private college (subclass 572).

As a side note we started dating in January 2010. In Brasil his formal qualification is as a secondary school teacher. In australia these quals are not recognised as he has not completed iels test to the appropriate level or applied for skilled work visa recognition.

At the expiration of his last Student Visa, the private college pulled the plug on next round of enrolments. They claimed that no enrolment spaces were left for that study period although he was enrolled in a rollover 2 year course. This left him with no option but to take up a tourist visa if he wanted to stay in Australia. This visa will expire in early October 2010.

As we see it there are a number of sketchy options now available:
- Apply to extend current tourist visa (this will only buy us 6 months at the most - correct me if I'm wrong?)

- Re-enrol as a student
*Would Immigration allow transition from student to tourist and back again?

- Very long shot to begin application for partner visa.
*We don't have the criteria required for this application as we didn't plan for this situation (just thought we could let our normal natural relationship develop as it would)

The long of it is that we would like the extra time to stay together. We have taken a number of holidays around queensland, australia and most recently in se asia together. we are both at the stage in our lives where this is the next natural progression however its made slightly more difficult by these beaurocratic pressures which are there for a good reason.

Would be great if we can get some feedback regarding application for extension of tourist visa or re-enrolment as a student after having been on a tourist visa. THANKS in advance.


Last edited by aussiebrasil; 09-10-2010 at 02:29 PM. Reason: clarify student visa class

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Old 09-10-2010, 03:59 PM
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If he meets eligibility requirements for a student visa [ and there are some onerous financial requirements ] he should be able to get a student visa.
Alternately, the tourist visa extension may be a possibility but he'll also need to show means of support and even if successful, he'll probably have a No Further Stay condition on the visa which would prevent him from applying onshore for a partner visa, so another trip out of Australia would be required to apply.
If you are in NSW, ACT, Vic. or Tassie you may also be in a position to apply via Births Deaths & Marriages for a relationship registration and that provides a waiver for needing the full 12 months residing together.
But if his current tourist visa has a No Further Stay condition, it'll still mean a trip abroad to apply for the partner visa.





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Old 09-12-2010, 09:55 PM
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Thanks so much for your advice. We really appreciate it. Now let's see how it goes.


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Old 09-13-2010, 12:05 AM
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I should add too re
Quote:
But if his current tourist visa has a No Further Stay condition
, that'll obviously affect his eligibility re getting a further student visa or even an extension of the tourist visa too, it applying to all visas.





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