# Cancel student visa & apply for partner visa (different options)



## TeaAddict (Feb 12, 2016)

Hi everyone,

I am a 26 year old currently in Melbourne the last 4 years on a Higher Education visa. Due to changes in family circumstances and financial hardship, I am now unable to continue with my last year at university. However, I would like to continue staying in Australia as I have been with my partner for 4 years now. We live together, and have joint accounts and finances.

After reading through many helpful threads (thank you very much to everyone who's offered advice!), here are my options and questions regarding specific options.

1. *Cancel student enrolment and student visa,* which means that I will be an unlawful citizen and will be put on *Bridging E* until partner visa is approved -> Undesirable, as I need to work to share the financial load. I am unsure how easily it is to apply to lift the working ban.

2. Switch from my *current Bachelor course to a shorter Cert 3 course to fulfil study requirement *-> However, will this work, as I will have to switch from a Higher Education visa to one for TAFE as they are different (if I am not wrong?). If this is a possible option, am I able to switch visas onshore? The new semester is also starting soon and I am afraid I will not have time to cancel uni and re-enrol at TAFE. The course that I am looking at is less than 3 months in length.

3. Cancel student visa and leave the country, then *re-enter on a tourist e-visa*, then apply for a partner visa on-shore within the 3 months stay to be granted a Bridging A -> Is this how it would work, or would I have a re-entry ban due to the cancellation of student visa? I have heard mixed advice on this, but am happy to leave for my home country for upwards to a few months if that means I can re-enter. I understand also that I will be re-entering as a genuine tourist, and definitely do not have the intention to work illegally during the 3 months of tourist visa. However, I will be re-entering with the intention to lodge the partner visa - is that ok?

Thank you very much again for taking the time to read my long thread, and I appreciate any advice I can get!


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## Jeremy Hooper (Jul 10, 2014)

If you depart Australia and cancel your enrollment you can then apply to cancel your student visa (as you no longer need it). You will not be subject to a 3 year ban. If you are eligible you would then be able to apply for a tourist e-visa and apply for your partner visa onshore. This would come with a BVA and full work rights. You would need to wait for the validity of the tourist visa to end before the BVA kicked on.


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## TeaAddict (Feb 12, 2016)

Jeremy Hooper said:


> If you depart Australia and cancel your enrollment you can then apply to cancel your student visa (as you no longer need it). You will not be subject to a 3 year ban. If you are eligible you would then be able to apply for a tourist e-visa and apply for your partner visa onshore. This would come with a BVA and full work rights. You would need to wait for the validity of the tourist visa to end before the BVA kicked on.


Hi Jeremy, thank you for the reply. What I have read so far is that I might possibly have an entry ban, but this is if I were to cancel my student visa *onshore* (after which my plan was to leave the country and re-enter on a tourist visa before applying for a partner visa, if the ban doesn't apply).

So to be clear, if I were to leave the country then cancel my student visa *after* I am back in my home country, then there won't be a travel ban, and I can then re-enter as a tourist to apply for a partner visa onshore?


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## Jeremy Hooper (Jul 10, 2014)

That is correct. If you cancel your student visa because you no longer need one there is no three year bar. The three year bar applies if to people who have broken visa conditions. It shouldn't apply even if you cancel your student visa after you apply for a partner visa. The only problem there is that your BVA will aslo be cancelled. You will have to apply for another Bridging Visa which will either be a BVC or a BVE - most likely a BVC. You then have to apply for work rights and you you have no travel. You can apply for work rights but you can't apply for travel rights.


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## TeaAddict (Feb 12, 2016)

Jeremy Hooper said:


> That is correct. If you cancel your student visa because you no longer need one there is no three year bar. The three year bar applies if to people who have broken visa conditions. It shouldn't apply even if you cancel your student visa after you apply for a partner visa. The only problem there is that your BVA will aslo be cancelled. You will have to apply for another Bridging Visa which will either be a BVC or a BVE - most likely a BVC. You then have to apply for work rights and you you have no travel. You can apply for work rights but you can't apply for travel rights.


Even though I am cancelling my study visa after 4 years due to inability to financially finish the course, that should be fine then as long as I leave to cancel it offshore?

With regards to the bridging visas, wouldn't I be re-entering a tourist visa, then apply for a partner visa onshore leading to a bridging A while waiting? Please correct me if I'm wrong.

Thank you in advance once again for your help!


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## TeaAddict (Feb 12, 2016)

Also, if I have lodged a partner visa and subsequently cancelled my study visa before it expires, I understand that my partner visa application will also be cancelled, but does that mean I will have to pay and re-apply again? If so, does it make more sense to wait till I am offshore and have re-entered, before applying for a partner visa, as any that I lodge while still holding a (soon to be cancelled) student visa will be cancelled off?

Or is my definition of a "cancelled" application off?


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## Mish (Jan 13, 2013)

TeaAddict said:


> Also, if I have lodged a partner visa and subsequently cancelled my study visa before it expires, I understand that my partner visa application will also be cancelled, but does that mean I will have to pay and re-apply again? If so, does it make more sense to wait till I am offshore and have re-entered, before applying for a partner visa, as any that I lodge while still holding a (soon to be cancelled) student visa will be cancelled off?
> 
> Or is my definition of a "cancelled" application off?


You are getting confused.

When you have lodged a partner visa it comes with a BVA that kicks in once the substantive visa expires. If you cancel the substantive visa it then cancels the BVA that is linked to the substantive visa. Therefore making you illegal. Therefore you then get granted a BVE.


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## TeaAddict (Feb 12, 2016)

Hi Mish, thanks for the reply. I understand what you are saying.

However, as Jeremy mentioned that I can cancel my study visa offshore without a re-entry ban. I have not lodged a partner visa yet - if I do, I understand that cancelling my student visa will result in becoming illegal and getting a Bridging E.

However, if I were to leave as Jeremy highlighted and cancel my student visa. And then re-enter Australia as a tourist, wouldn't my onshore partner visa result in a Bridging A, as the application is now activated upon expiry of my tourist (instead of) study visa?


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## Mish (Jan 13, 2013)

Yes you would get a tourist visa but it is an IF. There is a huge possibility after 4 years in Australia you will not be granted a tourist visa especially after cancelling your student visa.

Cancel student visa means financial issues which means you are more likely to try to work on a tourist visa.

There is no guarantee with lodging a tourist visa offshore. It can be a bit of a gamble.


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## TeaAddict (Feb 12, 2016)

Mish said:


> Yes you would get a tourist visa but it is an IF. There is a huge possibility after 4 years in Australia you will not be granted a tourist visa especially after cancelling your student visa.
> 
> Cancel student visa means financial issues which means you are more likely to try to work on a tourist visa.
> 
> There is no guarantee with lodging a tourist visa offshore. It can be a bit of a gamble.


Thanks for the advice Mish. It seems like cancelling my visa onshore and being granted a Bridging E then requesting for work rights is the better way to go then.

I am really wrecking my brain trying to think of the best way to cancel my study visa to apply for a partner visa.  I am willing to study a cert 3 which will be more affordable, if that means I can fulfil my study requirement and student visa to be granted Bridging A - however I am not sure if it is possible to switched my higher ed visa to a vocational visa.


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## Jeremy Hooper (Jul 10, 2014)

It really depends on what passport you have as to whether you would get a tourist visa easily or not. If you are from a low risk country and can apply for an ETA you probably would.


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## Kunzima (Jun 10, 2015)

Hi teaaddict

I applied for partner visa while i was on student visa. I was granted bridging visa and student visa automatically became invalid. I then applied for work rights and was granted. 2 years later i got my PR.


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## TeaAddict (Feb 12, 2016)

Hi Kunzima, thank you for the reply. May I ask if you were granted a Bridging E visa (I understand that this is what you get when you cancel your study visa onshore before completion) - which is what I hope to avoid as I need to work.


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## logicalor (Mar 13, 2016)

Hi Kunzima



Kunzima said:


> I applied for partner visa while i was on student visa. I was granted bridging visa and student visa automatically became invalid. I then applied for work rights and was granted. 2 years later i got my PR.


Just wondering how long ago that was, and what the circumstances were?

My partner is in a similar situation (ie on a Student Visa, we want to apply for an 820 Partner Visa), but all the other accounts I see on this forum suggest that the Student Visa doesn't automatically get invalidated when a Partner Visa is applied for, and that she needs to remain a student either until the Student Visa expires, or the 820 kicks in.

Any further info much appreciated


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## Jeremy Hooper (Jul 10, 2014)

That is correct .


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