student visa to partner visa

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student visa to partner visa


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Old 07-20-2014, 01:57 AM
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student visa to partner visa

My bf and I meet each other last year May 2013 but he didn't move in to live with me until 3 months later August 2013. Im 19 and he is 20, we live together with my single mother (owner of the house) we both very lucky because we didnt have to pay rent, bills. However we go our own groceries. Since we're both full time universities students. I work part time on the weekends and so does he. We have a joint bank account since February 2014. We deposit money in our goal saving account once every month for future spending. We also save some extra cash to travel to oversea last month, in june 2014 to visit his family and such. Im an australian citizen and he's on student visa. We both planning to apply for a partner visa with him so he could stay back longer also work and save together. Also before his student visa expire unless he have to pay more money to continue studying. We are commit to live together but dont want to get marry yet until we finish our study. Any suggestion for out situation? Like things we need to do now for our future application. Please help.


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Old 07-20-2014, 03:05 AM
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It sounds like you partner will qualify for a partner visa. If he applies for a partner visa his study costs will not increase.

If he applies for a partner visa before his student visa expires then he will be granted a Bridging Visa A. The BVA visa will be valid until the partner visa is finalised. The BVA will have the same conditions on it as his student visa, that is he will be able to study and will be restricted to 40 hours work per fortnight.

However, there is a downside to applying for the partner visa and then going onto a BVA while the partner visa is processed. If the visa was refused then he wouldn't have any visa, and it would also be very difficult to apply for another visa while he was in Australia. However, if that happened he would be able appeal to the Migration Review Tribunal and have the decision reviewed.

Regards

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Old 07-20-2014, 04:14 AM
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Quote:
Originally Posted by Jeremy Hooper View Post
It sounds like you partner will qualify for a partner visa. If he applies for a partner visa his study costs will not increase.

If he applies for a partner visa before his student visa expires then he will be granted a Bridging Visa A. The BVA visa will be valid until the partner visa is finalised. The BVA will have the same conditions on it as his student visa, that is he will be able to study and will be restricted to 40 hours work per fortnight.

However, there is a downside to applying for the partner visa and then going onto a BVA while the partner visa is processed. If the visa was refused then he wouldn't have any visa, and it would also be very difficult to apply for another visa while he was in Australia. However, if that happened he would be able appeal to the Migration Review Tribunal and have the decision reviewed.

Regards
Thank you for your response. I forgot to mention that his student visa not going to expire anytime soon, still valid until 2016 which gives us plenty of time to apply for a partner visa. But the quicker we decide to lodge our application the better, because hes currently paying alot of money for each university semester. My main concern is that WA Perth does not recognised registered de facto relationship as a legal document. Do we still need to register or no? It would be a great supporting documents. Another option is to get a legal marriage, which we're not planning to unless its the only option.


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Old 07-20-2014, 04:27 AM
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Quote:
Originally Posted by Jeremy Hooper View Post
It sounds like you partner will qualify for a partner visa. If he applies for a partner visa his study costs will not increase.

If he applies for a partner visa before his student visa expires then he will be granted a Bridging Visa A. The BVA visa will be valid until the partner visa is finalised. The BVA will have the same conditions on it as his student visa, that is he will be able to study and will be restricted to 40 hours work per fortnight.

However, there is a downside to applying for the partner visa and then going onto a BVA while the partner visa is processed. If the visa was refused then he wouldn't have any visa, and it would also be very difficult to apply for another visa while he was in Australia. However, if that happened he would be able appeal to the Migration Review Tribunal and have the decision reviewed.

Regards
Jeremy, I hate to disagree with an actual agent, but I believe the information you gave above (bolded) is not correct. Once the current visa expires and the BVA kicks in, applicants for partner visas have FULL work rights, regardless of the work restrictions of their previous visas.

It used to happen the way you stated, but was changed on 24 November 2012 with legislative change IMMI 12/094. Now onshore partner visa applicants who apply for and receive a BVA automatically get full work rights when their previous visa expires and the BVA kicks in.

See: Migration Regulations 1994 - Specification of a Class of Persons - IMMI 12/094

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Last edited by CollegeGirl; 07-20-2014 at 04:42 AM. Reason: left out the word "applicants."

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Old 07-20-2014, 04:38 AM
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Quote:
Originally Posted by nganle95 View Post
Thank you for your response. I forgot to mention that his student visa not going to expire anytime soon, still valid until 2016 which gives us plenty of time to apply for a partner visa. But the quicker we decide to lodge our application the better, because hes currently paying alot of money for each university semester. My main concern is that WA Perth does not recognised registered de facto relationship as a legal document. Do we still need to register or no? It would be a great supporting documents. Another option is to get a legal marriage, which we're not planning to unless its the only option.
Nganle95 - You're getting yourself into a pretty tough spot here. Lodging your partner visa and getting your BVA isn't going to work the way you're thinking it does. When you lodge your partner visa, your BVA (with full work rights) won't kick in until AFTER your student visa expires in 2016 (so it will probably NEVER kick in, since your partner visa will likely be finished processing by that time). That means you're still bound by the conditions of your student visa until your BVA kicks in or your partner visa is decided - you still have to abide by your study and work conditions.

If you decide to cancel your student visa, or stop studying or otherwise break the conditions of your student visa, your student visa will be cancelled - which will leave you immediately unlawfully in the country with no visa. You will have to report to DIBP to apply for a Bridging Visa E - which is the worst of the worst as far as Bridging Visas go. You will have NO work rights at all (though you can apply for them, and may be granted them IF you can show significant hardship - it's not guaranteed, though). You also will not be able to apply for a BVB (which allows you to return to Australia during the processing of your visa if you have to leave the country for a holiday, family emergency or the like). If you leave the country while on a BVE, you risk incurring a three-year ban on temporary visas to get you back into the country, which could lead to you being unable to get back into Australia to get your partner visa granted.

Essentially what this boils down to is that you'd be unable to leave the country at all during the likely 12-15 month period it takes to process your partner visa. Also, any time you spent in the country prior would no longer count towards citizenship. And then of course, as I said, you risk not being able to work at all if you can't prove significant enough financial hardship. The BVE is a nasty, nasty Bridging Visa to be on. But in the end, you have to make the decision - and it's probably best made with the help of a knowledgeable migration agent to make sure you're making the best decision for your situation. Mark Northam on this forum is a highly respected migration agent - you can do a consult with him for very little money and he'd be happy to help you. Nick (CCMS) and Adam Grey who post on this forum are also very knowledgeable and have been around long enough for me to vouch for the quality of the information they give.

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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.

Last edited by CollegeGirl; 07-20-2014 at 04:41 AM.

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Old 07-20-2014, 05:05 AM
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Collegegirl - firstly, thank you for letting me know. If that is the case "When you lodge your partner visa, your BVA (with full work rights) won't kick in until AFTER your student visa expires in 2016 (so it will probably NEVER kick in, since your partner visa will likely be finished processing by that time). That means you're still bound by the conditions of your student visa until your BVA kicks in or your partner visa is decided - you still have to abide by your study and work conditions." When is the right time for me and my bf to apply for partner visa? We're not in a rush, we just want everything to be 100% sure and successful. Thank you I will contact Mark for more information and advices.

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Old 07-20-2014, 06:23 AM
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Hi College Girl, thanks for bringing that to my attention. It is appreciated.

Regards

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Old 07-20-2014, 11:20 AM
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Nganle, the right time to apply for your partner visa for you is going to be as soon as you can collect evidence that you've been living together, sharing finances, etc. for 12 months. The sooner you apply, the sooner your visa will be granted and you'll be off the conditions of your student visa. The decision you'll have to make is what is more important to you after you apply for the partner visa in regards to the Student Visa versus the BVE:

Is it more important to you to get rid of the cost of continuing studying, even if you may not be able to work at all (unless you can demonstrate hardship), and even if it means you won't be able to leave the country for 12 or so months and it'll take you longer to get citizenship? OR

Is the cost of studying worth the ability to definitely be able to continue working part-time, the ability to leave the country if you need to, and the ability to get citizenship sooner.

It's all in your priorities. Some people have astronomical tuition fees, and find it worth it to cancel their visa and take the BVE and hope they get work rights and decide not to leave the country for the next year. Others want to qualify for citizenship sooner, want the freedom to be able to leave the country if they need to, and don't like the idea of being unlawfully in the country at all, and find it worth it to continue studying.

Glad you're going to talk to Mark - he'll be a lot of help.

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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 07-21-2014, 10:43 AM
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Hi collegegirl! Just 1 more question if you dont mind.
Like you mention above that the Bridging Visa A wont kick in until the student visa expire. Does that mean he still be his original student visa and still have to meet the visa conditions requirements after we lodge? If so does that mean he can still travel in and out australia anytime? If my partner still continue to study while waiting for the partner visa to process, nothing will effect the partner visa application right?. As you said BVE is not good to be on. Do you know how long 'roughly' is the processing time.


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Old 07-21-2014, 10:48 AM
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Yes, you can travel until BVA is granted - which is 2016 there. He also have to still meet all the student visa conditions even after you lodge.

However if you plan to travel overseas, it's better to let immigration know (as you have to be onshore when the visa is granted)

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