Help!! Apply for Partner visa with student visa cancelled

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Help!! Apply for Partner visa with student visa cancelled


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Old 08-18-2014, 06:25 AM
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Help!! Apply for Partner visa with student visa cancelled

Hi Guys,
My partner is applying for a partner visa and we finished filling out the online form and is now uploading the evidence.

As she was previously on a student visa, she applied for the suspension for her studies. (She really didn't want to go to uni) That means that her student visa (as well as the bridging visa A) is now invalid right?

I've written an email to immigration to tell them about this through [email protected] but no one will probably read it till 2 or 3 weeks later (According to their automated response)

I think there are two options for us. (But please do correct me if I am wrong.!!)
1. She applies for an English course and continue to study.

2. She goes on Bridging Visa E.

As my partner does not want to study, we are looking into the possibility of option 2 now.

As She needs to go back to Hong Kong during X'mas, if she goes with option 2, her Bridging visa E would be taken away when she leaves the country. Is it possible for her to apply for bridging Visa A and B when she is overseas so she can come back?


Thanks in advance!!!!!
Victor


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Old 08-18-2014, 06:43 AM
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Just had a light bulb moment

If my partner applies for BVE and she leaves in X'mas back to Hong Kong.

In Hong Kong, she apply for University of Sydney to resume her studies. So her student Visa will now be re-validated? So she can come back and problem solved????

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Old 08-18-2014, 07:00 AM
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Unfortunately it doesn't work that way. Has her student visa already been cancelled? That means she's illegally in the country right now, and that's a problem. If she's going to stay in the country, she needs to go apply for a BVE immediately.

She'll have no work rights, study rights or travel rights on the BVE (though she can apply for work rights if you can demonstrate serious financial hardship), and all the time she's previously spent in Australia will no longer count towards citizenship. I would highly suggest not going back to Hong Kong. If she leaves the country on the BVE, she will incur a three-year ban that will not allow her to apply for temporary visas (including student or tourist visas) for three years. She'll have no way to get back into the country. She could theoretically try appealing to her partner visa CO and begging for a visa to get her back into the country so her partner visa could be granted, but there's no guarantee they'll take pity on her and allow her back in, ESPECIALLY if she's just gone home for something like a holiday. I wouldn't risk it, personally.

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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).
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Old 08-18-2014, 07:07 AM
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Hi CollegeGirl,

She only received written conformation of the suspension of studies today. Can she not return her studies (next semester) after applying for BVE?

Thanks for the reply!
Victor


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Old 08-18-2014, 07:07 AM
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By the way - she may be able to apply for another student visa onshore, but I'm not sure. Hopefully someone else will chime in with more information on that. If it was granted, it would overwrite her BVE, and she'd need to understand that she HAS to follow all the terms and conditions of her visa during the entire time her visa is processing (12-15 months).

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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 08-18-2014, 07:11 AM
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Suspension of studies from the uni? If so they will generally inform immigration that your partner is no longer studying and her student visa will be cancelled and she will be here illegally. I'd suggest speaking to a registered MARA agent ASAP

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Application Date: 5th February 2014
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Old 08-18-2014, 07:13 AM
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Yep, great suggestion. ^^^

__________________
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 08-18-2014, 07:21 AM
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That is the best suggestion. I have dealt with a number of these cases. I would not be able give advice in any of these cases without having a full case history, and reviewing all relevant documents.

Regards

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Old 08-18-2014, 08:44 AM
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Hi Guys,

Thanks all for the quick reply really appreciate it!
We seriously considered seeing a migration agents but most of the charge up to 3000 - 4000 for the Partner visa application. Both being students, we do not have the financial capability to pay such a large sum of money. But all replies are really appreciated!

But anyway. as her permission to temporarily stop her studies in the university is approved, can she resume her studies next semester if she is on bridging visa E? or is her student visa totally gone now? Because the university will allow her to continue with her studies next semester. As long as her student visa is valid.

Regards,
Victor


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Old 08-18-2014, 08:52 AM
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You can seek assistance from an agent for a small consultation fee, it doesn't mean that the agent has to take care of the entire process. Mark (see the Ask Mark thread) does skype, phone and face to face consultations for a small fee. Given the consequences of what may happen I think it's money well spent!!

From my little knowledge on student visas immigration would cancel it given the purpose of the visa is for study and she is no longer doing this.

__________________
Visa: 820/801 Partner (Defacto) from WHV
Nationality: British
Applied: Online, Onshore (Melbourne)
Application Date: 5th February 2014
Police Checks: 5th February 2014
Medicals: 5th February 2014
GRANT DATE: 4th June 2014

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