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Student stop studying on Defacto application

7K views 10 replies 6 participants last post by  Ricballi 
#1 ·
I have a question regarding our defacto visa application.

Our RMA has just submitted our defacto application with the knowledge it can take 3-6months on average for a decision.

My girlfriend is currently on a student visa and we have saved just enough money to continue her studies until Feb next year.

My question is; if she was to stop studying after her units finish next year, will it affect her application? I am aware that a bridging visa will be issued if a student visa expires - however her visa doesnt expire until 2014 and she will simply be ceasing study before the degree finishes - and therefore DIAC will be notified by her University.

I have recieved mixed responses regarding this. Some people think the bridging visa will stand stronger than a cancellation of her student visa due to the ceased study - while some believe ceasing study is a major breach and cancels out all other visas and she will be sent home.

I have recieved sketchy advice from our RMA and would like some second opnions. Many thanks.
 
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#2 ·
Seems like if the RMA cannot advise you properly you should have saved paying a fee.
But anyway, they should be able to at least say that nobody is able to hold two visas at once so whilst your Gf has a student visa and it is not due to expire until 2014, there will be no bridging visa existing.
Bridging visas are for the purpose of allowing people to legally stay in Australia between one visa expiring and whilst another is being considered.

Breaking the conditions of a current visa such that the visa will be revoked is not just a little different to a visa expiring and as such I would not at all be surprised if that did have a significant impact on what happened with processing of a partner visa.
 
#4 ·
Hi Paul,

I read your post thanks.

Our RMA posted our application a few weeks ago - still waiting on confirmation by DIAC.

My girlfriend was accepted to continue studying - her units finish end of January 2010, and is required to enrol to the next semester soon after.

Currently I'm doing my best to save enough cash to continue her enrolment however the cost has gone up and I'm getting worried we can't afford to keep her enrolled.

I read your post but I'm still a little lost.

If she doesn't enrol and the University tells DIAC she has stopped studying - how will that affect ourd defacto application? The way I see it, it could go 2 ways.

1) DIAC see's that stopping study a major deal and decides to cancel everything, including the student visa and defacto visa application even though the defacto's been sent off and paid for etc.

2) DIAC cancel the student visa due to cease of study however my girlfriend is then put on a bridging visa (probably E) which means she can sit on her ass at home and wait for the decision.

What do ya think?
 
#6 ·
I am in a quite similar situation. I applied for the de factor visa in March and am on student visa which expires on Aug 2012. By the end of this month I must pay for my college otherwise they will contact the immigration.

My partner contacted immigration and was told that I could cancel my student visa and would be on bridging visa C - cannot travel out of the country nor work. However, I could apply for a work permit - no work restriction - as long as I could prove I was in a financial hardship - what I am not but If I cancel my student visa and go to the bridging visa C, I will be in a extreme financial hardship.

I would like to know whether someone has done this and get more information on this matter.

Thanks

Ed
 
#8 ·
Hi there,

I thought it was possible for certain student visas to apply for working permission. If your student visas allow it, you could apply to work now, which would give you a chance to make extra money to help you stay enrolled.

I'm not too knowledgeble about student visas, so I may be wrong. But, I think getting working permission now while still on the student visa would keep the student visa going, removing the risk of having everything cancelled.
 
#9 ·
Student visa is going cancelled but already apply for Defacto application

Hi,i m in bit problem,I already apply for de facto visa with my partner ,we have been living together almost 3 years,i m on student visa,but i didn't went to uni at all,now my uni has report me to immigration ,I got email it say you 28 days to go immigration ,but my visa will expired on 5th October,I really dont understand what i should dp
i was just wondering,what will happened if they canceled my student ,but i m on bridging visa A,i applied my visa a month ago,i already submitted all paper to immigration ,will it effect my current application,please let me if anyone know about that,i m really worried ,Please let me soon
Thank
 
#10 ·
Hi,i m in bit problem,I already apply for de facto visa with my partner ,we have been living together almost 3 years,i m on student visa,but i didn't went to uni at all,now my uni has report me to immigration ,I got email it say you 28 days to go immigration ,but my visa will expired on 5th October,I really dont understand what i should dp
i was just wondering,what will happened if they canceled my student ,but i m on bridging visa A,i applied my visa a month ago,i already submitted all paper to immigration ,will it effect my current application,please let me if anyone know about that,i m really worried ,Please let me soon
Thank
Ricballi - bridging visa A will come into effect with your student visa expires on October 5 and you will not need to study anymore while you wait for a decision on the defacto visa. However depending on how far into the 28 days you have - I would recommend visiting Immigration as soon as possible to get it sorted anyway - they will not deport you, they will help you out.

If you want to compare you to my girlfriend - my girlfriend's student visa didn't expire until 2013 - and she could not study anymore - so we voluntarily cancelled the visa and she was given Bridging Visa E while we wait for a decision. On October 5 you will get bridging visa A so that even better.

Just need to visit immigration and sort it out.
 
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