Lodging Partner Visa 820/801 whilst on Student Visa 573

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Lodging Partner Visa 820/801 whilst on Student Visa 573


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Old 12-30-2010, 07:33 AM
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Lodging Partner Visa 820/801 whilst on Student Visa 573

Hi Everyone

My partner commenced studying a 2 year course on a 573 Student Visa in Perth at the beginning of 2010. The 573 Student Visa was granted late 2009 with an expiry date of March 2012. The course was not very good so we decided to move to Melbourne and he enrolled in a 6 month course due to start mid 2010. He has now completed that course in early November 2010 and at the beginning of November 2010 we lodged our 820/801 Partner Visa. The acknowledgement letter for the 820/801 Partner Visa stated that he will automatically convert to a Bridging Visa A when his 573 Student Visa ceases and that his work and travel rights will remain the same. From mid November 2010 until mid December 2010 we travelled overseas and returned to Perth for Christmas before finally returning back to Melbourne. Whilst in Perth we emailed Immigration to inform them that my partner has finished studying and that we have applied for the 820/801 Partner Visa and we wanted to know his work and travel rights. Immigration responded to our emails but did not answer our questions so we called them and still could not get a direct answer so we went to see them in Perth and they informed us that since we travelled overseas after we lodged the 820/801 Partner Visa, we needed to re-apply for the Bridging Visa A and that it was just a matter of filling in the form, which we did. Immigration also informed us that my partner could stay on his 573 Student Visa until the decision on the 820/801 Partner Visa was made. They also informed us we could travel overseas as much as we wanted and that we just needed to inform them of our travel dates prior to travelling and to also inform them upon our return that we are back in Australia. Immigration also advised us that they had put the appropriate notes on the system so that down the track if any queries arose it was clear what we had been informed. We are now back in Melbourne and went to Immigration today to change our address since we have moved rental properties and we wanted to confirm that the Bridging Visa A application form we filled in at Perth had been processed. As per usual, we had to go through the whole story with Immigration who confirmed they have not processed the Bridging Visa A application yet but had received it and they advised that the information provided in Perth was actually incorrect and that my Partner can only stay on his 573 Student Visa until the end of February 2010 as the time from now until then is classed as holidays. They advised us that we need to cancel his 573 Student Visa at the end of February 2010 and apply for a Bridging Visa E or enrol in another course. We contacted Perth Immigration to clarify the situation and they advised that they had misinformed us. We are totally confused and it seems every time we talk to Immigration we are told a different story and that the Student Visa section and Partner Visa section don't communicate at all. Hopefully our 820/801 Partner Visa is approved quickly which would sort out the problem but until then does anyone know the correct visa that Immigration should be putting us onto????? Has anyone else encountered our situation????? Obviously my partner wants to still be able to work and travel whilst we await the decision on the 820/801 Partner Visa. We assumed Bridging Visa A as per our 820/801 Partner Visa acknowledgement letter but Immigration advised that that Visa does not come into effect until the 573 Student Visa ceases and that if we are not going to study next year then we have to cancel the 573 Student Visa and our only option is the Bridging Visa E. At the moment as we see it, my partner can either enrol to study again next year which is not really an option or just sit at home awaiting the 820/801 Partner Visa approval. We thought of complaining to Immigration and the Minister but are not sure if this is the right thing to do?????

Thanks
Paul

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Old 12-30-2010, 12:11 PM
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As per Everlongdrummer whose post you have found, your studying partner has done a pretty good job of confusing things it would seem for you were initially advised
Quote:
The acknowledgement letter for the 820/801 Partner Visa stated that he will automatically convert to a Bridging Visa A when his 573 Student Visa ceases and that his work and travel rights will remain the same.
That the course the student visa was initially for was ditched was one step in the wrong direction and hopefully the changing of courses was cleared with Immi for if it was not, the student has been most fortunate in deed that that the visa was not cancelled.
What Immi are saying now should ring some alarm bells for as far as I know, a Bridging Visa E is one that is issued for someone to make arrangements to leave the country and I would be getting some specific advice on that, the application for one suggested aligning with cancellation of the student visa.
Immi officers btw are not immigration agents as such and whilst you may be able to get some general advice re processes, depending on a discussion had, there can be misinterpretations occur and I do not really see that you have any grounds for complaint.
You may well find that just sitting around on a BVE waiting for the partner visa cannot happen.
Were you residing with your partner in a relationship before 2010 and if not and if you have not had a relationship registered, you do not even meet eligibility requirements and the application could be rejected.





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Old 12-30-2010, 11:00 PM
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The course change was approved and cleared by Immigration before we made any changes and we have the approval in writing from Immigration so there is no issue there. Had we known that it would complicate the Partner Visa, we would of not changed course and moved to Melbourne.

Please see this link that outlines all the reasons that you would need a Bridging Visa E. immi.gov.au/allforms/pdf/1024i.pdfThis is the worst Visa you can go on because you can not work, study or leave Australia because if you do you can not return on the same Visa.

The reason we thought of complaining was because we had been told by Immigration in Perth that my partner could remain on this Student Visa until the Partner Visa was approved even though he was not studying anymore. When we came back to Melbourne, Immigration here told us that Perth had misinformed us and that his Student Visa would need to be cancelled if he was not studying anymore and he would need the Bridging Visa E. We contacted Perth again who advised that the officer we met with had been misinformed by his supervisor and that the officer had just passed on the information which he now admits is incorrect. In other words. Perth misinformed us have admitted to that which is why we wanted to complain. Perth even told us we could travel as much as we wanted until the Partner Visa was approved and we nearly booked flight tickets which again is the wrong information and they again have admitted that. If his Student Visa was about to expire then as part of the Partner Visa he would automatically go onto the Bridging Visa A as per the acknowledgement letter that you quoted BUT that letter states when the Student Visa ceases but in our case the Student Visa doesn't cease until March 2012 and we are being told we have to cancel it and go to the Bridging Visa E or we are in breach of the Student Visa because we are not studying anymore. Eg: If the Student Visa ceases/expires and you have applied for a Partner Visa you go onto a Bridging Visa A but if you can cancel the Student Visa then you go onto a Bridging Visa E.

I was residing with my partner in Perth since the beginning of November 2009 at my home and we have been living together ever since. We meet the 12 month relationship requirement and have submitted everything as per the checklists on the Immigration website and in the Partner Booklet. We even considered going through a Migration Agent and Lawyer in Melbourne who told us that we had more than enough evidence etc and there was no point using his services and that we should lodge the application ourselves which is what we did. Our relationship has not been registered in Perth because Perth does not have the relationship register like Melbourne and we did enquire to register the relationship in Melbourne but they told us that as per the application form https://online.justice.vic.gov.au/CA256902000FE154/Lookup/BDMApplication_Forms/$file/DomesticRelationship_ApplyForCertificate.pdf both applicants have to have PR. I know the Immigration website says that you can submit the relationship register as evidence and that was my argument when we tried to apply for the relationship register but the relationship register said no and that if we applied it would be rejected automatically and we wouldn't get our application fees refunded.

What we want to know is:

Has anyone encountered our situation before - surely someone has - and what was the outcome?

and

What Visa should Immigration actually be putting us on? We think Bridging Visa A as per the letter and I think we might need legal advice to actually confirm the validity of the BVA and BVE scenario?


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Old 12-30-2010, 11:03 PM
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This is the correct link for the relationship register application.....https://online.justice.vic.gov.au/CA256902000FE154/Lookup/BDMApplication_Forms/$file/DomesticRelationship_ApplyToRegister.pdf


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Old 12-31-2010, 01:01 AM
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I think you are still confusing yourself and that may have flowed on to any more junior person you have spoken to at Immi who has attempted to get some more knowledge on the subject.
You know that game of sitting in a circle and whispering something in the ear of the person next to you and what comes back might be a bit different.
That said what you've been told is pretty much as it is when you view it in the correct context, with one exception ie.
Quote:
we had been told by Immigration in Perth that my partner could remain on this Student Visa until the Partner Visa was approved even though he was not studying anymore.
It would seem there's been a misunderstanding there for a student visa will normally only exist whilst studying continues and for a short time afterwards.
That has been corrected, ie.
Quote:
When we came back to Melbourne, Immigration here told us that Perth had misinformed us and that his Student Visa would need to be cancelled if he was not studying anymore and he would need the Bridging Visa E.
As for complaining, ask yourself what it will serve and do get your head around that Immi are not there as detailed advisors but processors of applications and the onus is on visa applicants to know what they should be doing.
As for
Quote:
If his Student Visa was about to expire then as part of the Partner Visa he would automatically go onto the Bridging Visa A as per the acknowledgement letter that you quoted BUT that letter states when the Student Visa ceases but in our case the Student Visa doesn't cease until March 2012 and we are being told we have to cancel it and go to the Bridging Visa E or we are in breach of the Student Visa because we are not studying anymore.
and your Eg: If the Student Visa ceases/expires and you have applied for a Partner Visa you go onto a Bridging Visa A but if you can cancel the Student Visa then you go onto a Bridging Visa E.

Do also get your head around that it is not so much ceases/expires but a definite difference between a cancellation and a visa running its full course to expire or cease.

What Immi are effectively saying is:
1. with a student visa as the current visa, there are no restrictions on travel
2. if a student visa was to be maintained by continuing approved study and a partner application is made a BVA would be issued if the partner visa had not been determined before the student visa reached expiry date.
Your elephant in the room however is:
You are not going to maintain the conditions for a student visa to continue and thus the BVA is no longer applicable.
They have been very precise in saying to apply for a BVE and cancel the student visa if you are not going to continue studying.
And yes, different conditions apply and yes get some specific advice for there is more complexity to the BVE than a BVA.





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Old 12-31-2010, 01:23 AM
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Thanks for the info and as you can imagine we are pretty much over it!

We are hoping that some migration agents will read the posts and give us some general advice and if not we will need to go and see someone here in Melbourne.

Thanks again for your help and if you come across anyone else in our situation please let us know because we are curious if they have been told the same as us.


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Old 01-14-2011, 01:41 PM
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Hi, i have the same situation with you, how is your application going? i am going apply the visa 820 in April. However, my student visa 573 will expiry on September 2011. What can i do during the visa processing time? Thanks


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Old 01-16-2011, 02:40 AM
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I suggest you speak to a Migration Lawyer or agent regarding this as it is very complex and involved and if I was you, I would lodge thru a Lawyer or agent too - I wouldn't do it myself again!

Quote:
Originally Posted by minhthai View Post
Hi, i have the same situation with you, how is your application going? i am going apply the visa 820 in April. However, my student visa 573 will expiry on September 2011. What can i do during the visa processing time? Thanks


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Old 01-16-2011, 12:20 PM
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Your situation is very much straightforward if you maintain studying and the student visa for yes you can apply for an onshore partner visa as long as your student visa does not have a No Further Stay condition on it.

If the partner visa has not been determined by the time the student visa expires you will have a bridging visa issued and the bridging visa will give you the same rights as your student visa does.

You do not need to see an agent or a lawyer unless you wish to pay a lot of $$$$

The situation discussed by Paulie is just confushing to him because he is deciding to stop studying and in that case his student visa can be withdrawn.





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Old 01-16-2011, 12:24 PM
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Quote:
Originally Posted by Wanderer View Post
Your situation is very much straightforward if you maintain studying and the student visa for yes you can apply for an onshore partner visa as long as your student visa does not have a No Further Stay condition on it.

If the partner visa has not been determined by the time the student visa expires you will have a bridging visa issued and the bridging visa will give you the same rights as your student visa does.

You do not need to see an agent or a lawyer unless you wish to pay a lot of $$$$

The situation discussed by Paulie is just confushing to him because he is deciding to stop studying and in that case his student visa can be withdrawn.
Thanks for your advice Wanderer, i am really appreaciated your helpful information! Thanks again


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