Student Visa (572) to Spouse visa (820/801)

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Student Visa (572) to Spouse visa (820/801)


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Old 05-03-2011, 05:21 AM
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Student Visa (572) to Spouse visa (820/801)

Hi All,

Firstly great forum with lots of usefull information. I do apologise if this has been adressed before, I'd like to get an idea of my options after seeing a thread that made me question what imigration had said.

My Partner is on a 572 ( without a "no further stay" option) which expires 2013. Completing a Certificate 3 , with a pre acceptance for a diploma.

She will finish her Cert 3 on the 24th of June, and has until the 3rd of july to enrol in the diploma component.

We'll be married on the 25th of June 2011 and lodging our onshore 820/801 on the 27th of June 2011

We are looking at not continuing onto the diploma as it is quite expensive, Now when contacting immigration (and perhaps i did'nt make myself clear) I was told she'd go onto a Bridging A visa until our 820/801 was completed. after seeing a thread some one had said that you must keep to your original visa conditions which means she would have to keep studying.

I wanted to get an Idea of what are our options swapping to another visa prior to launching our 820/801, she'd like to be able to work during the waiting period (not so much for the money but to stop herself going crazy) but we also do not want to jepodise our 820/801 application

edit : We'd also need to travel in November for a cerimonial wedding in Mexico

any feedback would be great.

Blitz


Last edited by blitzu; 05-03-2011 at 05:45 AM.

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Old 05-03-2011, 08:33 AM
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You may have seen my thread but I am in the same position. Not sure what other visas you can go on myself - but as far as I know you only go on bridging visa "A" if the student visa expires - not if you stop studying or cancel it before that time (2013 in your case).

In my opinion need to be careful as to what visa your partner is on before the spouse application as they can get suspicious about legitimacy of the spousal application.

Once you've applied for the spouse visa, some people have said that if you cancel your student visa before the expiry - everything is cancelled including your spouse application. Some other people however, say that your partner would go on Bridging Visa "E" which means you can stay until the spouse visa is decided but you cannot work. Whether this would further effect the decision on the spouse visa versus being on a student visa while it's decided, is unknown.


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Old 08-03-2011, 09:20 AM
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Any luck

Hi Blitzu

Have you had any official answers from immigration? We are in the same situation and don't want to cancel the student visa if it will affect the spouse visa application but noone seems to be able to tell us if this is the case.

Immigration tell me to go and see a Student Visa Compliance officer but i have also heard just by doing this you can risk your spouse visa application.


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Old 08-03-2011, 09:29 AM
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Hey I'm nearly finished going through this process and can help you out.

Immi is correct in that you need to contact Student Visa Compliance, preferably by email. Tell them you have another application going and you want to voluntarily cancel the student visa. You need to make sure you do this before the school/uni does this. They are very clear that they CANNOT give you any advice on what to do, only how to do things. Once they get your request they will send you some documentation outlining the consequences of proceeding, and get you to fill out a form exlaining why etc.

However I can put your mind at ease that as long as you do this correctly - it WILL NOT affect your current visa application as long as it a substantative one (spouse etc).

From this point, no matter how long it takes them to process the form, you will remain on the student visa even if the uni/school proceeds with to withraw you from enrolment. They told us it will take a few weeks to process it and we still haven't heard back (this is where we are at now).

Once the voluntary withdrawal from student visa is done you will be asked to apply for Bridging Visa E - this is the ONLY bridging visa you can get unfortunately and means you cannot work (unless in special circumstances) and CANNOT leave the country. This also means the "clock" measuring your time in Australia for your future citizenship application is RESET.

Once the BVE is completed you can wait for the decision on your other visa application. If it's declined you have nothing else to stand on and will have the leave the country, if it's successfull you get the visa as usual.

Hope that helps.

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Old 08-03-2011, 11:32 AM
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Thanks ... Yes that's very helpful. We'll find the email and address, explain what we want to do and go from there.

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Old 08-04-2011, 03:51 AM
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Immigration said they do not have an email address for student compliance and we must go to the office to discuss. Will do this tomorrow morning and see what the outcome is. It's definitely going to be easier armed with the information you gave.

Whatnext

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Old 08-04-2011, 10:17 AM
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Hey everyone I'm in the same problem kinda .. I applied for partner visa in dec 2010 and stop studying in June 2010 but my student visa is valid till 2012 .. And now immi find out and they cancelled my visa and my bridging visa aswell from partner visa now I'm on bridging visa e and have no work rights. Just wondering if I can get any help what documents do I need to make my case strong . We have joint bank account and lease on both name. But some of our utility bill is not on our both of our names?? Is it a big deal . And how long do immi take to process partner visa it's more than 7 months now. Any kinda help wil be appreciated thanks


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Old 08-04-2011, 11:02 AM
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You say you applied for the partner visa in December 2010?
If you have evidence now that you didn't have when you applied, I strongly suggest you send this to immigration. The CO will not always ask for more evidence before making a decision on your visa.

On their emails for people applying for the partner visa it says:

If you are asked to submit additional documents, your case officer will provide you with a timeframe for providing these documents. Please be aware that the department may make a decision on your application without requesting additional information. Therefore, you should provide us with all the information you feel is relevant.

I would suggest that if you believe that you have new evidence that could improve your application that you send it to immigration.

7 months is still within the standard processing time onshore.

About the Bridging visa, If you are able to prove that you are experiencing financial hardship, you can apply to have the working condition removed:
http://www.immi.gov.au/allforms/pdf/1005.pdf

Quote:
Originally Posted by roni1988 View Post
Hey everyone I'm in the same problem kinda .. I applied for partner visa in dec 2010 and stop studying in June 2010 but my student visa is valid till 2012 .. And now immi find out and they cancelled my visa and my bridging visa aswell from partner visa now I'm on bridging visa e and have no work rights. Just wondering if I can get any help what documents do I need to make my case strong . We have joint bank account and lease on both name. But some of our utility bill is not on our both of our names?? Is it a big deal . And how long do immi take to process partner visa it's more than 7 months now. Any kinda help wil be appreciated thanks


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Old 08-09-2011, 07:57 AM
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Hi...

I was told numerous times that I could not email student visa compliance an that we had to go in and see a student visa compliance officer. This morning we went to the Immi office in Perth and asked to see an officer and where told that we had to EMAIL first and then they would request an appointment with us if need be. I can't believe that you get such conflicting information considering how much the wrong information can affect people. Anyway email has been sent enquiring about what happens if we withdraw my husbands student visa now that we have applied for spouse visa.

Whatnext

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Old 08-22-2011, 06:48 AM
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Hi Whatnext,

Apologies for the late reply, We decided to pony up the cash for the first semester of the diploma and hope we get our approval before we need to travel. We had a pretty full front loaded application, We also trying to get an early completation on this semester to retain placement for next year.


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