Student visa off shore

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Student visa off shore


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Old 11-06-2014, 11:07 AM
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Student visa off shore

hello can anyone help, I applied for a student visa in Australia and immigration rang me and said as my working holiday visa had run out a few days previously that the visa would be declined. They advised me to withdraw the application. If I go to New Zealand for a few weeks will I be able to re apply for my student visa off shore. Thank you any advise would be gratefully appreciated


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Old 11-06-2014, 11:28 AM
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Originally Posted by mattmaza1 View Post
hello can anyone help, I applied for a student visa in Australia and immigration rang me and said as my working holiday visa had run out a few days previously that the visa would be declined. They advised me to withdraw the application. If I go to New Zealand for a few weeks will I be able to re apply for my student visa off shore. Thank you any advise would be gratefully appreciated
I was told to go to New Zealand and apply for a tourist visa, then if I got back in to apply for my student visa again, I was just wondering if anyone knew the answer to this as if possible I would like to apply for the student visa from New Zealand, but if I get turned down for the student visa then don't think I would be granted a tourist visa, I am a uk citizen and I honestly don't know what to do, as I thought my working holiday visa had some days left when I sent my application so I'm just in a complete fog.


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Old 11-06-2014, 01:31 PM
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If you have overstayed on your WHV then you will now face a three year ban when you leave Australia and will be unable to apply for any temporary visas I think- this would include any tourist visas and student visas I believe...

I would guess that your best off withdrawing your application as you don't want a refusal on your record, they would then I presume give you a BVE until you leave Australia.

Hopefully someone with more knowledge will come along shortly to confirm this.

Regardless, I would speak to a registered migration agent ASAP (before you do anything)- you need more than a forum for assistance on this one.

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Old 11-06-2014, 02:35 PM
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Hi no I haven't over stayed, I have 28 days to leave Australia, as my application was only a day late, and they advised me they shouldn't have accepted it and that is why they have given me the option of withdrawing it and leaving the country and re applying from outside. I will phone immigration tomorrow and make sure that there is no black mark against my passport. Thank you for your response.


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Old 11-06-2014, 02:47 PM
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Quote:
Originally Posted by mattmaza1 View Post
Hi no I haven't over stayed, I have 28 days to leave Australia, as my application was only a day late, and they advised me they shouldn't have accepted it and that is why they have given me the option of withdrawing it and leaving the country and re applying from outside. I will phone immigration tomorrow and make sure that there is no black mark against my passport. Thank you for your response.
That sounds very strange to me to be honest - either way you look at it you overstayed your WHV...regardless of whether they should have accepted your student visa application or not. I would have thought that given you have no visa right now - no student visa and your WHV has expired that you were illegal so they have given you a BVE to enable you to make arrangements to leave Australia, they are generally valid for 28 days in circumstances such as this I believe.

I'd be contacting a MARA registered migration agent - someone like Mark N who has a thread on this site for visa questions so might be worth asking him on there (you can find his thread as a sticky page at the top of the website) - and making sure you can apply offshore. Immigration FREQUENTLY give bad advice and will take no responsibility for the advice they give if it goes wrong.

Hope it all works out for you

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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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Old 11-06-2014, 08:17 PM
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I agree with Engaus - call a migration agent before you do anything. If you've been given a BVE, it gives you a 28-day period to get things sorted out. But as far as I know, when you leave Australia you may be facing a 3-year ban (the BVE may avoid this but you need a migration agent to clarify this), and a ban would prevent you from applying for any temporary visa.

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