should we cancel the student visa when waiting?

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  • 2 Post By Adam Grey
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should we cancel the student visa when waiting?

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Old 06-09-2014, 03:06 PM
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should we cancel the student visa when waiting?

my partner is currently on a student visa till october 2015
we are about to apply for a 820/801 partner visa this month
should she cancel her student visa when we're applying for the partner visa while we're waiting till a decision is made?

i believe that when you apply for a partner visa, my partner will automatically be transferred onto a bridging visa.
if this the case, then i would like to cancel her student visa hence we dont have to pay for another semester of uni fee...(the money can be spent towards the partner visa)

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Old 06-09-2014, 03:48 PM
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The Bridging Visa A will be attached to her student visa. If you cancel the student visa, the Bridging Visa A is cancelled as well. She will immediately be unlawfully in the country, and will have to go to Immi and apply for a Bridging Visa E, which allows no work rights, no travel rights, and any time she's spent in the country before it will no longer count towards citizenship. She may be abe to apply for work rights on it if she can show financial hardship, but there's no guarantee. She will be unable to leave Australia at any time while on a Bridging Visa E or she risks incurring a three-year ban and not being able to get back into the country for hte grant of her 820. This is not a path you want to go down if you can avoid it.

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.

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Old 06-09-2014, 03:57 PM
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Yeah this isn't advisable. Also have to remember that even after applying for the 820 visa your partner doesn't automatically go onto a bridging visa, so she still has to meet all the conditions of her student visa including keeping up attendance and having work restrictions.

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Old 06-09-2014, 05:01 PM
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Thanks for the reply.
In that case we won't cancel the student visa then.

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