Unexpired student visa (573) to partner visa (801/820)

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Unexpired student visa (573) to partner visa (801/820)


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Old 10-11-2014, 06:17 PM
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Unexpired student visa (573) to partner visa (801/820)

Hi guys.

I have read some of the recent threads regarding onshore partner applications and meeting schedule 3 requirements and am confused if it applies to our situation.

My partner (the applicant) is currently on a 573 student visa (expires September 2015) and we're currently trying to apply for an onshore partner visa. Initially I came across this bit of advice - https://immigrationptyltd.wordpress....-student-visa/. Going from it, we were planning to submit our application (forms 47SP and 40SP) online, then cancel her student visa voluntarily and straight away submit an application for BVE (form 1008) so she can remain in Australia while we wait for the partner visa approval. Our reason for doing this is to do with our financials (her conditions stipulate full time study for the duration of her visa, despite having finished her main course).

From my understanding, the Schedule 3 requirements apply to those who are unlawful or are on a bridging visa. Now, does it apply to us, considering we are submitting our application while she's on her student visa? Will it apply to us once she cancels her student visa and applies for a bridging visa? If yes to the above questions, would it matter if the temporary partner visa is approved first before she cancels her student visa?

Thanks in advance.


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Old 10-11-2014, 07:09 PM
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Quote:
Originally Posted by rayray086 View Post
Hi guys.

I have read some of the recent threads regarding onshore partner applications and meeting schedule 3 requirements and am confused if it applies to our situation.

My partner (the applicant) is currently on a 573 student visa (expires September 2015) and we're currently trying to apply for an onshore partner visa. Initially I came across this bit of advice - https://immigrationptyltd.wordpress....-student-visa/. Going from it, we were planning to submit our application (forms 47SP and 40SP) online, then cancel her student visa voluntarily and straight away submit an application for BVE (form 1008) so she can remain in Australia while we wait for the partner visa approval. Our reason for doing this is to do with our financials (her conditions stipulate full time study for the duration of her visa, despite having finished her main course).

From my understanding, the Schedule 3 requirements apply to those who are unlawful or are on a bridging visa. Now, does it apply to us, considering we are submitting our application while she's on her student visa? Will it apply to us once she cancels her student visa and applies for a bridging visa? If yes to the above questions, would it matter if the temporary partner visa is approved first before she cancels her student visa?

Thanks in advance.
Cancelling the student visa will be a BIG mistake. If your partner does that, she'll be in Australia unlawfully (willingly causing the Schedule 3 to apply to her case) and will have to apply for a Bridging Visa E which is the worst kind of bridging visa with no work or study entitlements and she won't be able to leave Australia until the partner visa is processed. I don't think ANYONE would willingly want to get on a BVE but if you do cancel the student visa BVE will be your partner's only option to become lawful again.

The time your partner spent in Australia before the BVE was granted won't be counted towards the '4-year living in Australia' requirement if or when she wishes to apply for citizenship at a later stage.

Once your partner applies for the onshore partner visa, she will be issued a bridging visa A which will stay dormant until her student visa expires. If the partner visa is decided before her student visa runs out, her BVA won't even be needed to kick in and her subclass 573 will be automatically changed to a subclass 820/801 if the partner visa is granted because a person can only hold one type of substantive visa at a time.

But if the processing takes long and her student visa expires, her BVA will kick in until a decision is made on the partner visa application. BVA has full work rights and your partner will also be able to apply for a BVB in case she has to travel overseas during the processing.
Current processing time frame for onshore partner visa as per the DIBP website is 12-15 months.
Below is the link:-
https://www.immi.gov.au/Visas/Pages/801-820.aspx

I know how much of a pain the international fees can be but she might have to keep studying and complying to the conditions of her subclass 573 visa.

Hope this helps. Good Luck!

Kind Regards,
Becky

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Last edited by Becky26; 10-11-2014 at 07:15 PM.

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Old 10-11-2014, 11:47 PM
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Thank you for your insight Becky!

Before I continue, let me say that we are well aware of the no-work/no-study/no-travel conditions placed on her if she's on a BVE.

Quote:
Originally Posted by Becky26 View Post
Cancelling the student visa will be a BIG mistake. If your partner does that, she'll be in Australia unlawfully (willingly causing the Schedule 3 to apply to her case)
Quote:
Originally Posted by Becky26 View Post
Once your partner applies for the onshore partner visa, she will be issued a bridging visa A which will stay dormant until her student visa expires...

... But if the processing takes long and her student visa expires, her BVA will kick in until a decision is made on the partner visa application.
This is where I get confused. All well and good if DIBP approves her partner visa in a surprisingly fast amount of time, but forgive me if I don't have much faith in that.

In both the above situations, she will have applied for her partner visa whilst being on her student visa AND THEN have a bridging visa (only difference is that one is BVE, the other is BVA) while we await a decision from DIBP. If the Schedule 3 criteria applies in the first instance with the BVE, then wouldn't it apply to the second instance with the BVA?

Quote:
Originally Posted by Becky26 View Post
I know how much of a pain the international fees can be but she might have to keep studying and complying to the conditions of her subclass 573 visa.
This is absolutely our predicament. On the one hand she could stay on her visa, keep working and spending all that she earns (and some more) on college for qualifications she don't need. On the other, she could cancel her student visa and apply for a BVE followed by applying for a change of conditions (form 1005, to allow her to work - it's worth a try).

In the latter circumstance, even if a change to work conditions is not granted, it'll still be easier for us to live together as it means we do not have to pay college fees (which currently I help pay for as her 20 hours/week working at restaurant just doesn't cut it).

Just that my ONE BIG ISSUE is whether or not we'll need to meet Schedule 3 criteria. My initial understanding was that it applies to those who submitted their partner visa application WHILST being unlawful or on a bridging visa, NOT while on a substantive visa. If I am wrong about this, please let me know as it will clear out the cloud of confusion that is lingering in my head at the moment.


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Old 10-12-2014, 01:15 AM
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Just a reply from Mark Northam -

Quote:
Originally Posted by MarkNortham View Post
Thanks for the questions. If you lodge the onshore partner visa while the applicant still holds a student visa, then Schedule 3 will not activate, even if you voluntarily cancel the student visa at a later date - Schedule 3 is a time of application requirement, so what happens after application does not generally cause Schedule 3 issues.


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Old 10-12-2014, 03:24 AM
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it is interesting to see people come here to study something that s/he doesn't need.


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Old 10-12-2014, 05:24 AM
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Quote:
Originally Posted by rayray086 View Post
Just a reply from Mark Northam -
It seemed as though you were asking if you could cancel the student visa first, apply for a BVE, and then apply for the partner visa and not have Schedule 3 attach. Becky rightly told you you could not - Schedule 3 would be an issue in this case.

I'm glad Mark has clarified that you CAN apply for the partner visa and THEN cancel the student visa without Schedule 3 attaching - that's useful information for you. Most people still won't want to deal with the BVE, but since you know all the consequences of it and are going into it with eyes open, that's good. Best of luck with your visa.

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Old 10-12-2014, 08:42 AM
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Quote:
Originally Posted by GBP View Post
it is interesting to see people come here to study something that s/he doesn't need.
Circumstances change mate.

Quote:
Originally Posted by CollegeGirl View Post
It seemed as though you were asking if you could cancel the student visa first, apply for a BVE, and then apply for the partner visa and not have Schedule 3 attach. Becky rightly told you you could not - Schedule 3 would be an issue in this case.

I'm glad Mark has clarified that you CAN apply for the partner visa and THEN cancel the student visa without Schedule 3 attaching - that's useful information for you. Most people still won't want to deal with the BVE, but since you know all the consequences of it and are going into it with eyes open, that's good. Best of luck with your visa.
My apologies if my initial post was not clear. The forum has been very helpful thus far, and while we're heading into a direction that most will very much avoid, we believe it's the best for us. Thanks CollegeGirl.

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Old 10-12-2014, 01:11 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi Rayray086

Thanks for the questions. If you lodge the onshore partner visa while the applicant still holds a student visa, then Schedule 3 will not activate, even if you voluntarily cancel the student visa at a later date - Schedule 3 is a time of application requirement, so what happens after application does not generally cause Schedule 3 issues.
Quote:
Originally Posted by rayray086 View Post
Just a reply from Mark Northam -
Hey rayray086.

Great you posted your queries on Ask Mark thread I don't think anyone can guide you better than Mark on this forum. He is very experienced and has MUCH more insight of the technicalities of the visa issues.

Good to know that your partner can apply for her partner visa and then cancel the student visa. I didn't mean to provide confusing information.
I misunderstood the question.
Good Luck!

Kind Regards,
Becky

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Old 10-12-2014, 01:13 PM
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Quote:
Originally Posted by CollegeGirl View Post
It seemed as though you were asking if you could cancel the student visa first, apply for a BVE, and then apply for the partner visa and not have Schedule 3 attach. Becky rightly told you you could not - Schedule 3 would be an issue in this case.

I'm glad Mark has clarified that you CAN apply for the partner visa and THEN cancel the student visa without Schedule 3 attaching - that's useful information for you. Most people still won't want to deal with the BVE, but since you know all the consequences of it and are going into it with eyes open, that's good. Best of luck with your visa.
Thank you for the clarification CG! I did think the OP's partner was going to get her student visa cancelled first then apply for the partner visa.
Thanks for your help Take Care!

Kind Regards,
Becky

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2 Psalm 37:4 Delight yourself in the Lord and he will give you the desires of your heart..

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Old 10-12-2014, 01:14 PM
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Quote:
Originally Posted by rayray086 View Post
My apologies if my initial post was not clear. The forum has been very helpful thus far, and while we're heading into a direction that most will very much avoid, we believe it's the best for us. Thanks CollegeGirl.
Good Luck! Please do keep us posted

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2 Psalm 37:4 Delight yourself in the Lord and he will give you the desires of your heart..

Applied: AHC, New Delhi
Visa Grant:October 16, 2014
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Subclass 100 Submission: August 08, 2015
PR Grant: December 08, 2015
Citizenship Eligibility: October 20, 2018
Citizenship Application: October 22, 2018
Location: Paper Application, DIBP Brisbane
Citizenship Interview and Exam: August 08, 2019
Citizenship Approval: August 24, 2019
Citizenship Ceremony: Awaiting

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