Running out of time - onshore defacto visa

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Running out of time - onshore defacto visa


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Old 05-02-2011, 05:26 AM
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Running out of time - onshore defacto visa

My Vietnamese partner and I saved up and applied for an onshore defacto visa at the end of November 2010. My partner is currently on a student visa and we borrowed a large sum of money via a bank loan to keep her enrolled at her Uni to at least the end of June 2011 - thinking that because we supplied a generally strong application, she should at least have a decision by then.

We still have not heard from Immigration in regards to CO etc and we are still waiting on the health checks to come back after doing the tests almost 2 months ago (she has a stable case of Hepatitis B which was 100% cleared as non-dangerous by her university's health department). All police checks have been sent.

Her student visa doesn't expire until 2013 and we are getting very worried that we won't hear from Immi before her study semester finishes, and we cannot afford to keep her enrolled for another semester. This may mean the university will report her cease of studying and all of her applications will be cancelled.

Is there anything we can do here?


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Old 05-02-2011, 08:01 AM
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Hi there,

I don't know much about the student visas, so don't take my word as an absolute possibility. Maybe she can apply to uni to delay/ postpone her studies for a semester. Her visa is valid until 2013, so it could be possible for her to delay her studies officially and still have a valid visa.

I suggest you check with the university about how to do this and ask them what will happen to her visa. The university should know the immigration policies in this regard. You should also check the DIAC site and find the info. regarding student visa conditions and see if it mentions anything about delaying studies for a semester or more.


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Old 05-02-2011, 11:20 AM
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I was on a student visa once, and postponing her studies won't be possible - the student visa is only valid as long as you are enrolled and attending classes.

But if you have applied for a spouse visa, shouldn't she be granted a bridging visa automatically once her student visa is cancelled?

Quote:
Originally Posted by aussiegirl View Post
Hi there,

I don't know much about the student visas, so don't take my word as an absolute possibility. Maybe she can apply to uni to delay/ postpone her studies for a semester. Her visa is valid until 2013, so it could be possible for her to delay her studies officially and still have a valid visa.

I suggest you check with the university about how to do this and ask them what will happen to her visa. The university should know the immigration policies in this regard. You should also check the DIAC site and find the info. regarding student visa conditions and see if it mentions anything about delaying studies for a semester or more.


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Old 05-02-2011, 11:59 AM
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Quote:
Originally Posted by Lisa84 View Post
I was on a student visa once, and postponing her studies won't be possible - the student visa is only valid as long as you are enrolled and attending classes.

But if you have applied for a spouse visa, shouldn't she be granted a bridging visa automatically once her student visa is cancelled?
I was on a student visa, dropped out of uni once I applied for my de facto. An important thing to note is if your visa is CANCELLED, you get a Bridging Visa E, but if it RUNS OUT, you get a Bridging Visa A- the first gives you no work rights.


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Old 05-02-2011, 02:33 PM
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Thanks to all for your replies.

Miss C - I was under the impression from several people that if a student visa is cancelled (not expired), it also automatically cancels all other visa's and applications for visa under it, meaning our defacto application would be cancelled too. That's why we are struggling to stay enrolled.

Did you have to tell Immigration that you stopped studying, or did you just simply not pay your school fees and let it all sort itself out? Also, did the bridging visa E have any negative effects on the decision of your defacto visa? We have applied onshore, and not worried about the no-work rights - just want to make sure it does affect the CO's decision when handling our application.


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Old 05-02-2011, 02:42 PM
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I talked to one of the higher ups at the student visa dept in Melbourne in person before I did it. The danger is if they do an investigation and find you took out a student visa fraudulently- that is, not to study, but in order to apply for the other visa. I've been on mine for about four years so it wasn't an issue with me, but it depends how long your partner has been studying on a student visa.

I just unenrolled and left it to the uni to tell them- in my case, I did that because I wanted to keep my working rights as long as possible, and the uni actually repaid fees I'd paid in advance and so on. But the man with the student visa department suggested that I tell them myself to make sure that all the right info went through.

The bridging visa sucks, but although it isn't a substantiative visa, the important thing to them is that I applied while I was already on the student visa. However- this is another important thing to note- you CANNOT LEAVE THE COUNTRY on a bridging visa. If you do, it WILL cancel the application.

My suggestion, if you are applying onshore, is to go in person to ask questions. The people in the office specialise in whatever you discuss with them, as opposed to the people on the telephone. We were originally given different information (ie that I would have working rights if my visa was cancelled) and I didn't get that straight until I went in.


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Old 05-02-2011, 03:07 PM
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Miss c - thanks again.

I think I will go in a have a chat personally with someone from Immigration. Would you recommend chatting to the student visa department or the partner visa department?

My girlfriend has been on a student visa since 2005 - and we met in 2007 so it would be hard for them to say she took out the student visa fraudulently.

I think our application is quite strong however I'm still worried that when the CO finally completed our partner application, the bridging visa E thing might sway their decision, rather than deciding on the visa while she's on a full student visa.

We are not fussed at all regarding no work rights (since I am the sole income earner) and she will definitely not leave the country until the decision has been made. Thanks for your help so far.

PS - was your defacto application successful while on bridging visa E?


Last edited by Everlongdrummer; 05-02-2011 at 03:18 PM.

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