Student Visa expiry problem

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Student Visa expiry problem


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Old 05-28-2011, 09:03 AM
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Student Visa expiry problem

Hi everyone,

I am looking for some advice regarding the application for my wife's partner visa (820 / 801) application which we have recently lodged.

She is currently here in Australia on a student visa Class TU (subclass 572) which expires on June 8th. She has been studying here for the past three years, her most recent course finished on the 10th of April.

We were married on March 26th.

Our partner visa application was lodged on 24th of May & bridging visa A has been granted which will come into effect after her current student visa expires. We have been told by the department that all the conditions concerning study & work will remain the same when the bridging visa comes into play. We were planning on lodging a form 1005 to see if it would be possible to remove the study requirements of the bridging visa. Is anyone able to tell me if this is a commonly applied for change of condition & if so is it generally granted?

Now the uncertainty that we have is that she finished her most recent course in April & has yet to re-enroll for a new one. She was under the impression that she was not required to once she had finished & we were married. Given that her student visa is to expire on the 8th of June has she breached her current visa conditions by not enrolling in a new course?

Should we be upfront with the department & tell them what has happened? Perhaps write a letter explaining the circumstances & attach it to the completed 1005 from. Or would it be better to try & get her enrolled in a new course ASAP before approaching them? We are most definitely not looking to be deceptive or to try and mislead them but I am obviously hesitant to lodge a request to try & change her bridging visa conditions if she is already in breach. I guess if she is, I would prefer to know about it beforehand & approach them rather than lodge a form & have them come back to us with questions.

Thanks in advance for any help. I really thought I had this application nailed & it was just going to be a matter of waiting for the gears to turn, not to be. Hopefully I am worrying more than I need too.


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Old 05-29-2011, 12:52 PM
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Are you 100% sure that she has to keep studying while on her Bridging Visa? I've never heard of it and I think what the department means by saying that the visa requirements remain the same only relates to the working conditions


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Old 05-29-2011, 10:46 PM
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Quote:
Originally Posted by Lisa84 View Post
Are you 100% sure that she has to keep studying while on her Bridging Visa? I've never heard of it and I think what the department means by saying that the visa requirements remain the same only relates to the working conditions
Hi Lisa,

thanks for the reply.

No I am not 100% that she has to keep studying, we were both acting under the belief that she did not have to, it does seem like a particularly onerous condition given the time & expense involved with study for international students. We had assumed that given we were applying for a spouse/partner visa, that the bridging visa would have the conditions of the visa we were applying for not the one she was previously on.

The letter we received advising us of the receipt of payment / issuing of bridging visa A only makes explicit mention of the working hours restriction not study requirements as you said. However when I rang the department to discuss they were adamant that yes she would have to keep studying as this was one of the conditions of her student visa. They did say we could apply to have the bridging visa requirements changed, but as I said we want to know before we lodge this application if this is a common request & if she is currently in breach of her conditions. Obviously it won't look great if we lodge an application to remove study requirements if she has already ceased study without their permission (if required).

This has been one of the main sources of our uncertainty, when you call the dept you get varying & often conflicting information. It leaves you feeling that getting on the front foot with them may not be the best course of action, that your individual case & circumstances will not be considered fairly (that may just be my own personal feeling on govt bureaucracy coming thought there )

Now I may be worrying too much, she has finished a cert4 in management early April & the dept may be satisfied with this, we are just seeking some clarification on the matter before we approach them.

So far we have been comfortable with doing the application ourselves without the added expense of a migration agent. Might be time to go & get some professional advice before taking the matter further.


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