# Cancel Student Visa after Receiving Bridging Visa A



## richo

Hi Everyone,

My partner is currently on a student visa until 2015. We have recently applied for a defacto partner visa and been granted the Bridging Visa A.

As my partner is pregnant we wish to cancel her student visa as she wont be studying later in the year.

My understanding is that we need to cancel the student visa and then apply for a new Bridging Visa "E".

Does this sound correct ?

Thank you in advance for any assistance. This web site and everyones input was great help in submitting our defacto partner visa.

Kind Regards

Mark


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## MarkNortham

Hi Mark -

You are correct - DIAC will generally not allow a voluntary cancellation of a student visa unless the person has already lodged another visa such as a partner visa. The process starts with writing to DIAC and requesting voluntary cancellation of the student visa, including reference to the already-lodged partner visa. DIAC will then write back at some point indicating that the visa has been cancelled. You may be able to get this done in one go at DIAC - this works sometimes, but other times they will take time to process the voluntary cancellation. The cancellation will cancel not only the student visa, but the bridging visa A that is associated with the partner visa application. What's worse, at the moment of cancellation, you become an UNC (unlawful non-citizen) and need to get a Bridging Visa immediately. If you can do this all at one visit to DIAC that is best, as you don't end up without a visa for much time at all and you can take care of it all at DIAC. 

So as soon as the student visa is cancelled, immediately attend DIAC and apply for a BV-E at the Compliance dept. Make sure to take all documents with you re: the partner visa application, and plan on spending a couple of hours there (or more). You may also want to bring compelling evidence of your need to work (financial hardship if you don't work) to apply for work rights on the BV-E.

BV-E is the "not so nice" bridging visa, which does not allow re-entry to Australia if you should leave, and does not include work rights (you need to apply for those) in most circumstances.

Please advise if I can assist further -

Best,

Mark Northam


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## richo

Thank you Mark, we really appreciate your quick and thorough reply.
Regards Mark


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## MarkNortham

Glad I could help! It's a bit tricky to do this (voluntary cancellation) - far better to do it all in-person at DIAC if possible.

Best,

Mark Northam


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## panda

I think the better way is defer her study with Uni, you have good reason the deferral


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## OZEE-JATT

Hi Everyone, I have applied for volunteer cancellation of student visa after lodging my partner visa application. I received the the Notice of Cancellation and the 5 days of my response have been over as well. I drop a email to the case officer asking when my visa will be cancelled, she replied in 90 days. Can Plz anyone advise me do I have to wait for 90 days for my student visa to be cancelled or is there any other way around to cancel my visa quickly? Thanks


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## CollegeGirl

WHY did you do that?!?! Oh man.  I really hate seeing it when people don't understand how visas work and do the wrong thing that will cause them all kinds of problems. 

Your Bridging Visa A is *tied* to your Student Visa. When you cancel your Student Visa, your Bridging Visa A gets canceled as well! The second that's canceled, you'll be in the country illegally. You NEED to find out if you can undo this. Ideally you need to talk to a MARA-registered migration agent -- they'll be able to best advise you on your options. There's one on this forum named Mark Northam - his website is mnvisa.com. He's very good. When you call Immigration, their officers are known to offer completely incorrect advice sometimes -- that's why migration agents are preferable to just calling immigration.

If your student visa was set to expire anytime soon, you have full work rights on the Bridging Visa A, and once your student visa expired, you could have worked. What you do NOT want to do is cancel your student visa.


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## MarkNortham

Hi Ozee -

In many cases the cancellation will happen much sooner than 90 days - there's nothing you can do to speed it up really, just wait for the notice of cancellation. Once that happens you become unlawful and must immediately report to DIAC to make arrangements for a Bridging Visa E. Any time spent in Australia prior to that point will not count towards citizenship. Suggest you check carefully into your visa options, etc as once you've had a cancellation (voluntary or otherwise), your options become extremely limited.

Hope this helps -

Best,

Mark Northam


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## CollegeGirl

Mark is so much more calm about it than I, lol. Great post, Mark. I'm bookmarking it because people seem to do this pretty frequently... 

Let me ask... obviously it would be tempting to cancel a student visa given tuition costs... if people can just cancel and go on a BVE, what impetus is there not to do it? (Aside from travel and work restrictions, the latter of which can obviously be lifted in some circumstances, and I imagine the former can be lifted as well if the reason is good enough.). Do DIAC..., er, DIBP... often really reject 820 applications because of student visas that were canceled voluntarily? 

Just curious. Thanks as usual!


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## MarkNortham

Hi CG -

The partner visa decision wouldn't be affected by the cancellation decision, but if the partner visa didn't work out, that leaves the person with very little choice of any other options here, plus a 3-year exclusion ban on all temporary visa. Not such a good situation if the partner version doesn't work out...

Best,

Mark Northam


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## CollegeGirl

Thanks Mark!


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## OZEE-JATT

I really appreciate your post CollegeGirl, I was aware of all the circumstances related to visa cancellation, like Bridging Visa E with restrictions etc. But the fact is I was not having much options except to cancel my visa as I need to work to support my family. My student was expiring in a year and I can,t continue my study in any circumstances while working limited hours paying $11000 fees per semester and supporting my family as well.

How to remove working restrictions on student visa while my bridging visa A was getting in effect in 2014?? Thanks


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## OZEE-JATT

Thanks a lot Mark, lets hope for the best. I have applied partner visa based on marriage grounds.


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## irany

Hi everyone,
I'm sneaking in this forum  I wish I got information.

I'm currently student and I am married with australian for over a year, and we just apply for partner visa, and I'm in the circumstance would like to cancel my student visa, though I already have my bridging visa a will effect after my student visa finish on April 2014.

Is there anyone can give me a clue, what step should I do, as I'm about cancel my student visa, as part of my final assessment I don't have to go to school, and has to do industry placement, but unfortunately, the industry placement that school provide me, I have to work 25 hours a week, as unpaid labour until my semester done, and condition may change if I can get my own industry placement.


However I can't work in night shift, or as kitchen hand, while I'm taking full course for advance diploma, for your information also, I did not noticed from school, that every second semester of a year, I have to work to complete my assessment.


As I did not get paid for last second semester, I will not pass this again, as I feel mentally unappreciated , and my husband is about to cancel my student visa and stay on bridging visa.

We wouldn't mind not to travel, or not to work temporary, and I can still finish my study, as my tuition paid already,.

Is it possible if I cancel my student visa with no drama

Should I call lawyer to proceed it as my school owner is migration agent as well..

Do I have the right to defence my self, that I don't want work unpaid labour, and spent money for my transport to work.

Is australian immigration will accept my condition and what ways I should take.

Thanks


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## MarkNortham

Hi Irany -

I would strongly suggest that you contact a registered migration agent who can help you understand all the ramifications of a voluntary student visa cancellation - there are many, including losing your Bridging Visa A, becoming unlawful instantly so time in Australia before this no longer counts towards citizenship, being put on a Bridging Visa E with no work or study rights, having to report regularly to DIBP to get the BV-E renewed, and a mandatory 3-year exclusion period on any temporary visa application should you depart Australia while holding a BV-E. You can apply for work and/or study rights on the BV-E, but there is no guarantee they will be granted to you. It's a major step, and one you should take only if you've reviewed exactly what will happen if/when you do it.

As far as unpaid work goes, that sounds very unusual and you may want to enquire as to whether that is legal or not with someone familiar with Fair Work Australia and related labor law. Especially if your school is organising that unpaid work and forcing you to do it as part of your program! While I assume there may be some sort of work-study programs out there where you're learning while you work, better make sure it's legal and fair.

Hope this helps -

Best,

Mark Northam


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## irany

Dear mark,
Thank you,
Actually before the visa deliver I did ask and spoke with immigration, and asked to cancel my student visa and apply for bridging visa to apply for partner visa, on the phone, no matter what circumstances was, but they told me they decided whether they put my visa in whatever circumstances, we were on the phone, and my husband heard it.

However, If my student visa cancelled and I'm going home, I can apply for new visa as partner visa..

As the reason is I am mentally frustrated with my school.

And if I cancel it I should go home, and from home I can apply another visa, after my bridging visa cancel too..

It's doesn't make any differences as I have sharing investment and sharing obligation and love with my husband..

Will u please assist me with this please



Thank you mark


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## irany

I really thank you,

Is it fine if I withdraw my bridging visa, and cancel my student visa and applied again from beginning from my home

And as partner visa as i am legally married in australia, sharing all here, and genuinely love my husband, and we have no drama at all..

The reason really obvious, I can't stand anymore with study I do, and really put me in struggling and hard time and frustrated, that cause stressful.

If I can't do it I can't do it, without disrespect the law and how it works in australia, as I learn and love doing charity works in australia for australian..

I really giving up, and if you could give me expertise advise, is it possible if I go home and withdraw all my application and cancel my student visa ,can I apply from my country..


Thank you


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## MarkNortham

Hi Irany -

Probably best if you book a consulting session (see Consulting link on our website, address is in my email signature) so we can discuss this in detail - there are many parts to all of this and I'm unclear from your last message exactly whether you have already cancelled your visa, or not. Too many details to sort out here on the forum over a long string of messages. Whether you lodge a partner visa onshore or offshore and how that might interact with a student visa cancellation is complex and needs to be discussed in detail - too many various options, etc and the law is simply too complex in this area for short/quick answers. Need to have a careful review of all your circumstances in order to give you specific advice.

Best,

Mark Northam


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## irany

Thank you mark ,
I will book the consultation,

It's none common sense anymore I have to pay my first semester 6000 aud and second semester 6000 aud without sitting in class and have towel unpaid, and third semester study again, and now on my fourth semester I have to work in industry placement that school offered unpaid, and start from kitchen hand, waitress and bar, which I did in second semester, again I paid for no class learning..and also I paid to get experience in management skills and I have to end up in kitchen hand again. 

Well thank you, 
Maybe the option of lawyer it's best suit way, as I'm mentally feel unappreciated and less worthy for what I had spent, and I wish immigration may find me the better way, as it's not easy for 2 years visitor like me, to adjust and really organised charity donation until 80 thousand aud, for company day, to help cancer people.. I believe not everyone can do it..  and I will not let me any chance to start as kitchen hand again..

I wrote this, as my frustration way, and may people help me as much as they have information, before I have to make decision..

May people give me as much as what they know,

And this information I give have evidence within.

Many thanks


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## MarkNortham

Hi Irany -

I understand your frustration - we'll see if we can find a better way through all of this.

Best,

Mark Northam


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## OZEE-JATT

Hi Everyone, I cancel my student visa,granted Bridging Visa E. I apply same day to remove my no work condition which was approved in 3 working days. Thanks for everyone help.


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## OZEE-JATT

I have an other inquiry, how to remove no study condition on my bridging visa E?


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## MarkNortham

Hi OZEE -

You just need to apply for that and let them know where/what/why you wish to study. Usually approved without a lot of hassle.

Best,

Mark Northam


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## OZEE-JATT

Hi everyone,

I have following questions and would be great if some one can answer.

1. I am holding Bridging Visa E with full working rights. I was granted Bridging Visa A upon the submission of my partner application. My Bridging Visa A was being cancelled when I cancel my student visa by myself. Now the question is can I apply for Bridging Visa A. The reason why I am doing this is to apply for Bridging visa B as I have to travel soon for a important family matter. 

2. Can I apply Bridging Visa B while holding Bridging Visa E. 

Thank you very much


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## MarkNortham

Hi Ozee-Jatt

Sorry to be the bearer of bad news, but you would not be able to apply for a Bridging Visa A as you do not currently hold a substantive visa application. You can only apply for a Bridging Visa B if you currently hold a Bridging Visa A. Being stuck on a Bridging Visa E is one of the bad parts of doing a voluntary student cancellation - while you get to work on the Bridging Visa E (assuming work rights are granted), it comes at a cost - the loss of your Bridging Visa A and the ability to apply for a Bridging Visa B.

Please advise any further questions - hope this helps.

Best,

Mark Northam


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## OZEE-JATT

Dear Mark Northam,

It is clear as crystal. Is there any other way to sort my situation out.

Thank you


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## MarkNortham

Hi Ozee -

Not that I can think of based on the info you provided - once you do a voluntary cancellation, your choices are extremely limited until the other visa you've applied for (partner, etc) decision comes through. While you hold a BV-E you will not be prevented from leaving Australia, however the BV-E will cease as soon as you leave Australia, leaving you no visa to re-enter on. Assuming you lodged an onshore partner visa previously, once the visa is ready to grant, if the case officer can contact you, he/she can work with you to get you back into Australia since you must be in Australia in order to be granted the visa. While it is customary for a case officer to work with the applicant in this sort of situation, there is no guarantee that they will - they have no legal obligation to do so. And by "work with" I mean get you a visitor visa granted so you can re-enter Australia and be granted the partner, etc visa.

Hope this helps -

Best,

Mark Northam


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## CollegeGirl

MarkNortham said:


> Hi Ozee -
> 
> Not that I can think of based on the info you provided - once you do a voluntary cancellation, your choices are extremely limited until the other visa you've applied for (partner, etc) decision comes through. While you hold a BV-E you will not be prevented from leaving Australia, however the BV-E will cease as soon as you leave Australia, leaving you no visa to re-enter on. Assuming you lodged an onshore partner visa previously, once the visa is ready to grant, if the case officer can contact you, he/she can work with you to get you back into Australia since you must be in Australia in order to be granted the visa. While it is customary for a case officer to work with the applicant in this sort of situation, there is no guarantee that they will - they have no legal obligation to do so. And by "work with" I mean get you a visitor visa granted so you can re-enter Australia and be granted the partner, etc visa.
> 
> Hope this helps -
> 
> Best,
> 
> Mark Northam


To restate what Mark said above, just to ensure you understand, Ozee -

If you leave the country while your partner visa is processing, given the BVE you hold, you are at the mercy of your CO in regards to whether or not they let you back in so your partner visa can be granted. If you get a stickler of a CO, they can decline to let you back onshore on a different visa type - which would mean your partner visa would be rejected since you weren't onshore when it was decided, and then you'd be out of luck with little or no recourse.


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## OZEE-JATT

Sorry for my belated post, Thanks a lot Mark and CG. Really appreciated your posts. Thanks again


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## CinthiaLima

Hi Mark,

I currently hold a student visa, however the financial burden of my tuition fees has become overwhelming. My student visa expires in 2017 and I do not feel that I will be able to cope with all the expenses for another 3 years. I have been in a relationship with an Australian citizen for the last 5 years, and we have been living together for almost 3 years. I would like to apply for a partner visa, but if I pay for the visa fee I cannot pay for my tuition fees. I called the immigration and they informed that if I cancel my student visa after I apply for a partner visa, then my application for the partner visa would be cancelled. Now I have been reading on various websites such as this one that there is a possibility of getting a BVE in such circumstances.I would like to know if the information given in this post earlier is still current.

Kind Regards,
Cinthia Lima


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## MarkNortham

Hi Cinthia -

Thanks for the note, and sorry to hear of the tuition issues. If you lodge a partner visa onshore while holding a student visa, then cancel the student visa, 3 things essentially happen:

1. Your Bridging Visa A associated with the partner visa is also cancelled. However, your partner visa application is NOT cancelled - the application continues as normal as long as it was lodged before your student visa was cancelled. As soon as your student visa is cancelled, you would need to report to DIBP in person and apply for a Bridging Visa E. These come without work rights by default - to add work rights, you would need to show you and your partner's combined income, expenses, and major assets, and show that you would have a financial hardship if not allowed to work.

2. As of the date of cancellation, you would be in Australia without a visa, ie unlawful. This would render any time you spent in Australia prior to this unusable towards the 4 year residency requirement for citizenship should you later apply for citizenship. Essentially the 4 year clock would start again.

3. On a Bridging Visa E, if you leave Australia, you will have no way to re-enter the country since the BVE ceases as soon as you leave. Worse yet, if you depart Australia holding a BVE, you incur an automatic 3 year exclusion period on all temporary visas (including visitor, student, 457, etc) so you would have to apply for a waiver of the exclusion period in order to get a visitor visa to re-enter Australia to be here when the partner visa is ready to grant - you must be onshore for the partner visa grant.

Those are the major aspects of doing this - given the seriousness of something like this, you may want to sit down with a registered migration agent to discuss any questions you have and work out any other options. However the good news is that even if you go through the process above, it should not have any negative impact on your partner visa application - that would be assessed on the evidence of your relationship, etc.

Hope this helps -

Best,

Mark Northam


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## FARH

*Important*

Hi,
I am on a student 573 visa along with my husband as my dependent. In the mean time 3 months back my husband has applied for his 189 visa and got a bridging visa approved which will only be in effect once our student visa expires. Now due to medical reasons i it is being difficult for me to continue study. 
My inquiry is if i cancel my student visa voluntarily or if it gets cancelled for not attending classes
1. Will i be granted BVE? 
2.If so how do i change my working rights as my husband is the only income earner in my family
3. Will this effect the current 189 application which is in process?
4. is it possible that we both get the full working rights?

Please help me as i am really tensed since we are not getting any responce of our 189 visa pplication and it might have gone to external checks which might take months.


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## MarkNortham

Hi FARH -

With an open 189 application lodged onshore but undecided, it is likely that you and your husband would be granted BVE's to remain onshore until a decision is made on the 189. You and/or your husband would need to apply for work rights for the BVE once granted as work rights are not included by default with that visa. The decision to grant work rights is made based on whether you can demonstrate financial hardship if not allowed to work - they will need data on your combined income, expenses and assets. If you can show this for both of you, you may get work rights. Re: 189, should not affect 189 processing.

Do keep in mind the other issues with student visa cancellation - you become unlawful in Australia until you are granted the BVE, which makes the time spent in Australia up to that point ineligible for using for the citizenship residency requirement. Also with a BVE, if you leave Australia, you're left with no visa to re-enter and potentially an exclusion period for all temporary visas (but not the 189 as it's a permanent visa). I always suggest that people who are facing visa cancellation, whether voluntary or otherwise, seek professional help from a migration agent so they can understand all the aspects of the process and make sure they have a workable plan going forward.

Hope this helps -

Best,

Mark Northam


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## FARH

Thanks Mark for all the information. I just wanted some more information reagarding our 189 visa.

We applied on 3rd april withh all documents pre-loaded including PCC and meds. After 2 months on 3 june we received an email from team 13 (they said they are not the CO) asking for educational and employment history again and the deadline was 28 days. after thats its been a month already and no sign of any response.
So its been 3 months and we dont even have a CO. So do we are guesing file might has gone for external check. My question is
1. if the file goes for eternal checks to ASIO then immigration should inform us right?
2. I am confused whom to contact to find the progress of our application?
3. Do you think going to Diac personally will help at all to find if we at all have a case officer or not?

The immi account shows in progress from the very first day we have applied. We are in a strange situation and dont know what to do.


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## MarkNortham

Hi FARH -

Unfortunately DIBP provides no good way to track the progress of an application, and will not inform you at various stages unless they need something from you. Could be anywhere from 3 to 9 months or longer for a 189 visa, highly unpredictable. Wish things were different, but that's just the way it is with them. Best you can normally do is keep in touch with the team that is assessing your application every 4-8 weeks or so to see if they need any additional documents, but be careful not to become a bother to them.

Hope this helps -

Best,

Mark Northam



FARH said:


> Thanks Mark for all the information. I just wanted some more information reagarding our 189 visa.
> 
> We applied on 3rd april withh all documents pre-loaded including PCC and meds. After 2 months on 3 june we received an email from team 13 (they said they are not the CO) asking for educational and employment history again and the deadline was 28 days. after thats its been a month already and no sign of any response.
> So its been 3 months and we dont even have a CO. So do we are guesing file might has gone for external check. My question is
> 1. if the file goes for eternal checks to ASIO then immigration should inform us right?
> 2. I am confused whom to contact to find the progress of our application?
> 3. Do you think going to Diac personally will help at all to find if we at all have a case officer or not?
> 
> The immi account shows in progress from the very first day we have applied. We are in a strange situation and dont know what to do.


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## nato144243

CinthiaLima said:


> Hi Mark,
> 
> I currently hold a student visa, however the financial burden of my tuition fees has become overwhelming. My student visa expires in 2017 and I do not feel that I will be able to cope with all the expenses for another 3 years. I have been in a relationship with an Australian citizen for the last 5 years, and we have been living together for almost 3 years. I would like to apply for a partner visa, but if I pay for the visa fee I cannot pay for my tuition fees. I called the immigration and they informed that if I cancel my student visa after I apply for a partner visa, then my application for the partner visa would be cancelled. Now I have been reading on various websites such as this one that there is a possibility of getting a BVE in such circumstances.I would like to know if the information given in this post earlier is still current.
> 
> Kind Regards,
> Cinthia Lima


Hi Mark.

My name is Natalie and I'm in a very similar situation like Cinthia Lima. I understand the risk of cancelling my current visa (which is again, will not be expired until Mar 2017). However, tuition fee is currently around 20% higher than when I started my studying, and my partner (Australian citizen and supporting me, we've been living together for 2 years and 7 months with registered de facto license since Sept 2012), I was wondering if I can instead of cancelling current student visa, after applying for Partner Visa, reducing study load to part time? I understand international student is not allowed to do part-time, and it will affect the length of granted student visa, but in this circumstance, am I allow to study part time with a student visa and a partnership visa application waiting decision (I'm also from Vietnam, high risk country)? Otherwise, I even consider changing to a lower fee university while I'm waiting for the decision of Partnership visa? School fee itself right now for me is $15000, the visa $5000, with 20 hours limit work-right I'm really struggling.

I'm really appreciate your help.
Hope to hear from you soon.
Thanks Mark

Nat


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## MarkNortham

Hi Nat -

Thanks for the note. Unfortunately the student visa conditions would not be affected by a partnership visa application you lodge, so the same work rights/work restrictions (ie, 40 hrs per fortnight) would be in effect after you lodged the student visa. International students can only study full-time and cannot study part-time, so you would not be able to reduce your course load to a part-time level and still remain in compliance with the conditions of the student visa. So in your case, in order to work more, you'd likely still be faced with cancelling your student visa after you lodge the partner visa (and ensure that the partner visa application is a valid application, etc). You also could look at a cheaper school if you wanted to keep the visa in effect - as long as it is the same type of program (ie, Uni), you can simply send DIBP a CoE for the new program and not have to go through the process of applying for another student visa. 

Hope this helps -

Best,

Mark Northam


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## Rom

*hello*

can i apply for bridging visa after i get married and cancel my student visa


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## MarkNortham

Hi Rom -

If you lodge a valid onshore partner visa (after getting married), then cancel your student visa, you're left with no visa at all and are in Australia unlawfully. In those circumstances, a person can apply at DIBP for a Bridging Visa E to remain onshore while your partner visa is being processed, but the BV-E may come with no work rights (you can apply to have these added if you can show financial hardship), and any time spent in Australia previous to the cancellation can no longer be counted towards the 4 year residency requirement for citizenship. There are other limitations as well with this scenario.

Suggest you consult with a migration agent so you'll fully understand the process and the good/bad points of things so you can make an educated decision as to the best path forward.

Hope this helps -

Best,

Mark Northam



Rom said:


> can i apply for bridging visa after i get married and cancel my student visa


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## Rom

*hello*

i can't apply for partner and bridging B visa at the same time so i can work


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## MarkNortham

Hi Rom -

Nope - when you cancel your student visa, it automatically cancels all other visa(s) you may have, including any unactivated bridging visas related to the partner application, etc. Your only option then is a BV-E.

Best,

Mark Northam



Rom said:


> i can't apply for partner and bridging B visa at the same time so i can work


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## majedulhuq

*Urgent query!*

Hi Mark,

First of all I would like to thank you for helping us out in our bad times. We really appreciate your support and advice. Coming back to my case, I have a very urgent query. I came to Australia in Term 1 (i.e. Feb 2013) on a 2 years duration Master of Professional Accounting (MPA) course. As a full time student, I have finished my studies now in normal time, i.e. 4 semesters (did Term 1 and Term 2 in 2013 and 2014), and I received my Letter of Completion in November 21, 2014. However, my University issued a COE for the duration Feb 2013 - Feb 2015 (as some students may retake courses), and therefore I was granted a visa till April 2015. Now according to DIBP (as I called them), I have finished my course early based on my COE, but my actual course was designed the way I had done it. On the other hand, I have already applied for my 189 and have been granted an Inactive Bridging A visa as I am still holding a student visa. As I have completed my studies now, the University will report to DIBP about my early completion and my COE will most likely be cancelled. I was told that in this regard that my Bridging A will also get cancelled. But to my understanding, it was not my fault as I finished the course when I was supposed to, regardless of the extended COE issued by the university. Can you please advice me if I can still retain my Bridging Visa A in this regard? And what should I do if I want to lawfully remain in Australia and also travel as I have some family emergency. Thanks in advance.


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## MarkNortham

Hi Majedulhuq -

Thanks for the note and kind words. As long as DIBP realises you have already made an application for a permanent residency visa, they will generally not cancel your student visa, even if the CoE is cancelled by the school - that's their policy on dealing with these things. If you get any sort of Notice of intent to cancel your student visa, you should immediately inform DIBP that you have applied for a 189 visa, and supply your TRN and letter of acknowledgement of the application. That should stop any sort of student visa cancellation process. Your BV-A will not activate until the student visa expires on its own, but as you have completed your course you now have full work rights on the student visa until it expires.

Hope this helps -

Best,

Mark Northam



majedulhuq said:


> Hi Mark,
> 
> First of all I would like to thank you for helping us out in our bad times. We really appreciate your support and advice. Coming back to my case, I have a very urgent query. I came to Australia in Term 1 (i.e. Feb 2013) on a 2 years duration Master of Professional Accounting (MPA) course. As a full time student, I have finished my studies now in normal time, i.e. 4 semesters (did Term 1 and Term 2 in 2013 and 2014), and I received my Letter of Completion in November 21, 2014. However, my University issued a COE for the duration Feb 2013 - Feb 2015 (as some students may retake courses), and therefore I was granted a visa till April 2015. Now according to DIBP (as I called them), I have finished my course early based on my COE, but my actual course was designed the way I had done it. On the other hand, I have already applied for my 189 and have been granted an Inactive Bridging A visa as I am still holding a student visa. As I have completed my studies now, the University will report to DIBP about my early completion and my COE will most likely be cancelled. I was told that in this regard that my Bridging A will also get cancelled. But to my understanding, it was not my fault as I finished the course when I was supposed to, regardless of the extended COE issued by the university. Can you please advice me if I can still retain my Bridging Visa A in this regard? And what should I do if I want to lawfully remain in Australia and also travel as I have some family emergency. Thanks in advance.


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## majedulhuq

Thanks for the prompt reply Mark. I would like to clarify a few points with you again, just to confirm about my situation:

1. So, it does not matter even if my Uni cancels the COE, as I completed my course early, if I have already lodged the 189 application. Therefore my student visa remains valid till April 2015.
2. DIBP won't cancel my student visa even if I finished 4 months prior to my actual COE end date, and my Uni cancels the COe. As a result my BV-A will be valid after my student visa naturally expires.
3. I am allowed to work full time and travel in and out of Australia till my student visa expires, or do I need to apply for Bridging B?
4. There is no way I will be living unlawfully in Australia, and would not require a BVE.

Please let me know if I am correct and advice accordingly. Thanks again for your help. You are a legend. =)

Majed


----------



## MarkNortham

HI Majed -

Thanks for the note. Re: 1,2 that is correct based on what you've told me. I cannot give you a specific opinion on your case without seeing all of your documents. Re: BVB, I would suggest not traveling outside of Australia between the time you complete your studies and the time your student visa expires - if you must travel, then bring proof of your 189 application so if they stop you at immigraiton @ the airport, you can show that you're returning as you've lodged a valid onshore application. As long as your student visa remains valid and is not cancelled, you would not be in Australia unlawfully. Make sure DIBP has all your current contact info so that if they notify you of something (like impending student visa cancellation) you will receive that and respond.

Hope this helps -

Best,

Mark Northam



majedulhuq said:


> Thanks for the prompt reply Mark. I would like to clarify a few points with you again, just to confirm about my situation:
> 
> 1. So, it does not matter even if my Uni cancels the COE, as I completed my course early, if I have already lodged the 189 application. Therefore my student visa remains valid till April 2015.
> 2. DIBP won't cancel my student visa even if I finished 4 months prior to my actual COE end date, and my Uni cancels the COe. As a result my BV-A will be valid after my student visa naturally expires.
> 3. I am allowed to work full time and travel in and out of Australia till my student visa expires, or do I need to apply for Bridging B?
> 4. There is no way I will be living unlawfully in Australia, and would not require a BVE.
> 
> Please let me know if I am correct and advice accordingly. Thanks again for your help. You are a legend. =)
> 
> Majed


----------



## majedulhuq

Thanks a lot Mark!  Is there anyway I can contact you if I ever need any assistance from a migration agent?  I live in Melbourne btw!


----------



## MarkNortham

Hi -

Sure - my website is below in the signature, has complete contact info. Best of luck with all -

Best,

Mark Northam



majedulhuq said:


> Thanks a lot Mark!  Is there anyway I can contact you if I ever need any assistance from a migration agent?  I live in Melbourne btw!


----------



## majedulhuq

Hi Mark,

Greetings in advance. I just realized that in one of your previous posts, you suggested me not to travel in between my completion of studies and student visa expiry date (that's before the activation of BVA as I've already applied for my 189 visa). May I please know the reason behind this? If I travel between this period and arrive before my student visa expires, does it put me under any threat? And FYI, I have not yet been assigned a CO but have uploaded all required docs and will undergo medical tomorrow. Thanks in advance.

Majed


----------



## MarkNortham

Generally no threat, but if you end up stuck outside Australia while the student visa expires, you have no visa to return on. You'd have to get a visitor, etc visa, then come back to Australia, then re-apply for the BV-A, but the BV-A (and work rights that come with it) would not begin until whatever visitor visa you had expires, etc - can be a hassle. Also, once in a while an airport immigration officer may question why you're returning to Australia after the expiry of your student visa - you'll want to carry docs proving 189 application with you.

Also, it is possible if you already have an unactivated BVA, and it will expire while you are outside Australia, to apply before you leave to have the unactivated BVA changed to an unactivated BVB - that way if you're outside Australia and the student visa ends, the BVB activates and you can return on that.

Hope this helps -

Best,

Mark Northam



majedulhuq said:


> Hi Mark,
> 
> Greetings in advance. I just realized that in one of your previous posts, you suggested me not to travel in between my completion of studies and student visa expiry date (that's before the activation of BVA as I've already applied for my 189 visa). May I please know the reason behind this? If I travel between this period and arrive before my student visa expires, does it put me under any threat? And FYI, I have not yet been assigned a CO but have uploaded all required docs and will undergo medical tomorrow. Thanks in advance.
> 
> Majed


----------



## majedulhuq

Thanks for your reply Mark. So my student visa expires on April 12, 2015. I plan to travel before that date, that is, return in the mid of March 2015. Do you think its a safe bet for me? And can I apply for BV-B before my student visa expires?

Thanks again! 



MarkNortham said:


> Generally no threat, but if you end up stuck outside Australia while the student visa expires, you have no visa to return on. You'd have to get a visitor, etc visa, then come back to Australia, then re-apply for the BV-A, but the BV-A (and work rights that come with it) would not begin until whatever visitor visa you had expires, etc - can be a hassle. Also, once in a while an airport immigration officer may question why you're returning to Australia after the expiry of your student visa - you'll want to carry docs proving 189 application with you.
> 
> Also, it is possible if you already have an unactivated BVA, and it will expire while you are outside Australia, to apply before you leave to have the unactivated BVA changed to an unactivated BVB - that way if you're outside Australia and the student visa ends, the BVB activates and you can return on that.
> 
> Hope this helps -
> 
> Best,
> 
> Mark Northam


----------



## MarkNortham

Hi Majed -

Yes, reasonably safe (take the docs with you I mentioned), and just in case you're delayed, you could apply for the BV-B before you leave (I'd apply at least 3-4 weeks in advance) - it's a little-known fact but you don't have to wait until an unactivated BV-A actiaves before you apply for changing it to a BV-B - if you can demonstrate that you plan to be outside the country when the unactivated BV-A would normally activate, that can work. Use form 1006.

Hope this helps -

Best,

Mark Northam



majedulhuq said:


> Thanks for your reply Mark. So my student visa expires on April 12, 2015. I plan to travel before that date, that is, return in the mid of March 2015. Do you think its a safe bet for me? And can I apply for BV-B before my student visa expires?
> 
> Thanks again!


----------



## majedulhuq

Thanks a lot Mark!


----------



## mrbehi

Hello Mark, thanks for all your valuable feedback, i learned a lot from this thread.However, I still have a few questions.

I am on student visa and the duration is 2 years, it is consisted of 1 Certificate (6 months), 1 Diploma (6 months), 1 Advance Diploma (1 Year ), and i am currently half way through the first certificate, very soon i will be invited for visa 189.

After i apply for PR, can i apply for another course which is shorter and get a new COE, if so should i get a new student visa or they will make the older student visa shorter? Does the new student visa replaces the old one and does it mean that the new student visa will cancel the old student visa and my Bridge A also gets cancelled?

In other words is there anyway to shorten the duration of my student visa without cancellation of it, so that it expires sooner?


----------



## MarkNortham

Hi Mrbehi -

Thanks for the note. Getting a new shorter student visa is likely the only way I know of short of cancellation to get out from under your current student visa before it expires on its own. The unactivated BV-A you get from applying online will remain unactivated if you get a new student visa, but should still be there unactivated, so once the new student visa expires on its own, the BVA from the 189 application would activate.

Hope this helps -

Best,

Mark Northam



mrbehi said:


> Hello Mark, thanks for all your valuable feedback, i learned a lot from this thread.However, I still have a few questions.
> 
> I am on student visa and the duration is 2 years, it is consisted of 1 Certificate (6 months), 1 Diploma (6 months), 1 Advance Diploma (1 Year ), and i am currently half way through the first certificate, very soon i will be invited for visa 189.
> 
> After i apply for PR, can i apply for another course which is shorter and get a new COE, if so should i get a new student visa or they will make the older student visa shorter? Does the new student visa replaces the old one and does it mean that the new student visa will cancel the old student visa and my Bridge A also gets cancelled?
> 
> In other words is there anyway to shorten the duration of my student visa without cancellation of it, so that it expires sooner?


----------



## mrbehi

MarkNortham said:


> Hi Mrbehi -
> 
> Thanks for the note. Getting a new shorter student visa is likely the only way I know of short of cancellation to get out from under your current student visa before it expires on its own. The unactivated BV-A you get from applying online will remain unactivated if you get a new student visa, but should still be there unactivated, so once the new student visa expires on its own, the BVA from the 189 application would activate.
> 
> Hope this helps -
> 
> Best,
> 
> Mark Northam


Thank you Mark for your reply, another quick question:

I have heard that the new student visa should be of another subclass in order to be accepted to replace the older one, for example Subclass 572 to 573, is it true or the same subclass can be replaced with the older one?


----------



## MarkNortham

Hi Mrbehi -

Generally, different subclass is necessary to generate a new visa, although extending a visa can be done (new visa of same subclass) in the opposite situation. Would need to know much more about your case via consultation to give you specific advice for your case.

Thanks,

Mark



mrbehi said:


> Thank you Mark for your reply, another quick question:
> 
> I have heard that the new student visa should be of another subclass in order to be accepted to replace the older one, for example Subclass 572 to 573, is it true or the same subclass can be replaced with the older one?


----------



## mrbehi

MarkNortham said:


> Hi Mrbehi -
> 
> Generally, different subclass is necessary to generate a new visa, although extending a visa can be done (new visa of same subclass) in the opposite situation. Would need to know much more about your case via consultation to give you specific advice for your case.
> 
> Thanks,
> 
> Mark


Your prompt reply is greatly appreciated, i will contact you for further inquiries


----------



## mrbehi

MarkNortham said:


> Hi Mrbehi -
> 
> Generally, different subclass is necessary to generate a new visa, although extending a visa can be done (new visa of same subclass) in the opposite situation. Would need to know much more about your case via consultation to give you specific advice for your case.
> 
> Thanks,
> 
> Mark


So this means that i can simply apply for a visitor visa subclass 600 to replace my student visa subclass 572, and avoid cancellation of my PR bridge A visa?


----------



## MarkNortham

I don't know enough about your case to give you specific advice, but assuming there is nothing that prevents this in your case, in theory, a person on a student visa can apply for a visitor visa - this often happens at the end of study if a person wants to stay for their graduation ceremony but their student visa doesn't go quite long enough. However, with other application(s) lodged (such as partner), this gets tricky - the few people I know who have tried that route have failed as DIBP won't approve the visitor visa as they aren't convinced that the person only intends to visit Australia temporarily for tourism, etc purposes.

Hope this helps -

Best,

Mark Northam



mrbehi said:


> So this means that i can simply apply for a visitor visa subclass 600 to replace my student visa subclass 572, and avoid cancellation of my PR bridge A visa?


----------



## leraanna73

Hello Mark! 
I am in a very confusing situation and I need your advice....
I have just finished high school and I am applying for a student visa to study a university course. My partner and I are currently in a registered de facto relationships, however, we cannot apply for a partner visa right now because we only just started renting a flat together and we don't have enough documents such as gas and electricity bills. So we were thinking about applying for a partner visa in May, to make sure we will have enough documents. 

But I will have a problem maintaining my student visa until the partner visa will be granted, because my father's business has been negatively affected by recent crisis, and he probably won't be able to pay for the second semester of my uni course. 

Will I be able do defer my studies due to financial difficulties and meanwhile be on a BVA??? Or, will I have to voluntarily cancel my student visa and be on BVE?? 

Also, I heard that some people managed to voluntarily cancel their student visa, leave Australia for a short period, then come back on a visitor visa and apply for partner visa, which gave them BVA.... Is that even possible!?

Sorry for such a long list of questions....I just wanted to know what options I might have to remain in Australia with my partner....


----------



## MarkNortham

Leraanna73 -

Thanks for the note - would need to work through your situation in detail in order to give you any specific advice - there are too many factors/questions to deal with a scenario like that visa email or forum - if interested, please visit my website in the signature below and look for the Professional Consultation link at the top.

Generally speaking it can be difficult to get a visitor visa after a student visa cancellation - there are a number of legal issues involved, and depending on the country of the applicant, issues regarding whether the person is a genuine temporary visitor to Australia after the cancellation, etc. In these cases, the cancellation is not typically the problem, it's establishing yourself as a genuine visitor after cancellation that is.

Hope this helps -

Best,

Mark Northam



leraanna73 said:


> Hello Mark!
> I am in a very confusing situation and I need your advice....
> I have just finished high school and I am applying for a student visa to study a university course. My partner and I are currently in a registered de facto relationships, however, we cannot apply for a partner visa right now because we only just started renting a flat together and we don't have enough documents such as gas and electricity bills. So we were thinking about applying for a partner visa in May, to make sure we will have enough documents.
> 
> But I will have a problem maintaining my student visa until the partner visa will be granted, because my father's business has been negatively affected by recent crisis, and he probably won't be able to pay for the second semester of my uni course.
> 
> Will I be able do defer my studies due to financial difficulties and meanwhile be on a BVA??? Or, will I have to voluntarily cancel my student visa and be on BVE??
> 
> Also, I heard that some people managed to voluntarily cancel their student visa, leave Australia for a short period, then come back on a visitor visa and apply for partner visa, which gave them BVA.... Is that even possible!?
> 
> Sorry for such a long list of questions....I just wanted to know what options I might have to remain in Australia with my partner....


----------



## leraanna73

Thank you Mark, 
I will have a look at the link
One quick question - is it possible to apply for BVE before you receive a cancellation of student visa notice from DIBP? I was told that if you remain in Australia unlawfully, you will be deported .....
Thank you in advance


----------



## MarkNortham

Hi Leraanna73 -

No, a BVE can only be applied for once you are unlawful - I'd go to DIBP on the day (or next day) and apply. They aren't quite that quick at locating people without a visa  Make sure you are well aware of the side-effects of cancellation including no travel available on a BVE (ie, no visa to re-enter Australia on), loss of time in Australia prior to cancellation for use towards the residency requirement for citizenship, and others.

Hope this helps -

Best,

Mark Northam



leraanna73 said:


> Thank you Mark,
> I will have a look at the link
> One quick question - is it possible to apply for BVE before you receive a cancellation of student visa notice from DIBP? I was told that if you remain in Australia unlawfully, you will be deported .....
> Thank you in advance


----------



## leraanna73

Hello Mark, 
I'm so sorry for not replying for so long... I just moved to a new place and finally got connected to the internet 
I wanted to thank you for your information, I definitely won't try to apply for a partner visa from a visitor visa ! I think I will have to go with "bridging visa e" option...
Bets regards


----------



## la.vie

Hi Mark,

I am in the opposite situation to most people. I am on a 574 visa doing a PhD and my visa is due to expire in end of May 2015. 

I want to continue and finish my PhD, so I want to I want to extend my visa. 

I also applied for a partner visa 820/801 in end of May 2014. As I understand I need to apply and have granted my visa extension (or my new 574) before the 820 is granted, otherwise receiving the 574 a few days after the 820 would mean my 820 is cancelled. Correct? 
If I apply at this point, before the 820, I shouldn't be risking loosing the 820/801 application or could I?

Do you know if 820 visa holders have to pay tuition fees like international students or like national students? Or how are they treated when applying for study? 

As a note, I hold a scholarship from the uni and should have it until I finish in November, but I just realized reading this I do not understand the process as an 820 visa holder.

Thank you.


----------



## MarkNortham

Hi La.vie -

Thanks for the question. I haven't seen your documents, but assuming you were granted a Bridging Visa A when you applied for your 820/801 last year, that visa normally has full study & work rights, so you could simply let your 574 visa expire as scheduled, your BV-A would automatically activate, and you could continue your studies on the BV-A until the partner visa decision came in. Only risk I see from what you've said is that if the partner visa is refused, you wouldn't have the student visa to fall back on, but you could always appeal the refusal to the MRT in that case which would likely take another 6+ months to be decided, during which your BV-A would be automatically continued.

I don't know about 820/801 visas and school fees - probably a better question for the school.

Hope this helps -

Best,

Mark Northam



la.vie said:


> Hi Mark,
> 
> I am in the opposite situation to most people. I am on a 574 visa doing a PhD and my visa is due to expire in end of May 2015.
> 
> I want to continue and finish my PhD, so I want to I want to extend my visa.
> 
> I also applied for a partner visa 820/801 in end of May 2014. As I understand I need to apply and have granted my visa extension (or my new 574) before the 820 is granted, otherwise receiving the 574 a few days after the 820 would mean my 820 is cancelled. Correct?
> If I apply at this point, before the 820, I shouldn't be risking loosing the 820/801 application or could I?
> 
> Do you know if 820 visa holders have to pay tuition fees like international students or like national students? Or how are they treated when applying for study?
> 
> As a note, I hold a scholarship from the uni and should have it until I finish in November, but I just realized reading this I do not understand the process as an 820 visa holder.
> 
> Thank you.


----------



## MarkNortham

Hi Leraanna73 -

Just a suggestion - before you cancel the student visa, sit down with a registered migration agent and work through the steps you are going to take and make sure there are no negative side-effects of that planned course of action that you are not aware of. Forums are great for general information, but when it comes down to specific cases, a custom consult is always better since people tend to have factors in their lives that can make each case different.

Hope this helps -

Best,

Mark Northam



leraanna73 said:


> Hello Mark,
> I'm so sorry for not replying for so long... I just moved to a new place and finally got connected to the internet
> I wanted to thank you for your information, I definitely won't try to apply for a partner visa from a visitor visa ! I think I will have to go with "bridging visa e" option...
> Bets regards


----------



## la.vie

MarkNortham said:


> Hi La.vie -
> 
> Thanks for the question. I haven't seen your documents, but assuming you were granted a Bridging Visa A when you applied for your 820/801 last year, that visa normally has full study & work rights, so you could simply let your 574 visa expire as scheduled, ...
> Hope this helps -
> 
> Best,
> 
> Mark Northam


Thank you Mark. Yes, it helps.

For others' reference I answered this post on the Ask Mark thread. 
http://www.australiaforum.com/visas-immigration/49513-ask-mark-641.html#post777306

Cheers,
Lavinia


----------



## Kangooroo

*work rights granted ? is there a minimum?*

Hi All
Is there anyone who could reply to me concerning the work waiver ?

Now on bridging visa E I wil apply for the form 1005 to lift the "no work " restriction, and

1) I was wondering/scared if maybe my boyfriend was earning "too much" ... unusual question, I know, but, we are actually "ok" to survive on his salary - even though we are kind of reaching 0 $ at the end of every months... So no possibility to save or anything...

2) Is it necessary / preferable to accompany our application with a stat dec / cover letter to explain why we are asking for waiver of wrok rights conditions ?


----------



## MarkNortham

Hi Kangooroo -

In order to add work rights to your BV-E, you'll have to show evidence of financial hardship, which is generally when your combined expenses significantly exceed your partner's income (ie, not counting your income). Also, DIBP may expect you to borrow against owned major assets (like a house with equity) and spend down your savings before they will approve work rights.

Hope this helps -

Best,

Mark Northam



Kangooroo said:


> Hi All
> Is there anyone who could reply to me concerning the work waiver ?
> 
> Now on bridging visa E I wil apply for the form 1005 to lift the "no work " restriction, and
> 
> 1) I was wondering/scared if maybe my boyfriend was earning "too much" ... unusual question, I know, but, we are actually "ok" to survive on his salary - even though we are kind of reaching 0 $ at the end of every months... So no possibility to save or anything...
> 
> 2) Is it necessary / preferable to accompany our application with a stat dec / cover letter to explain why we are asking for waiver of wrok rights conditions ?


----------



## Kangooroo

*Thank you !*

Merci beaucoup Mark!

So actually we have no asset - which is good for this case - and we will show in a spreadsheet that we are in negative on a weekly basis, and that on bank account we are reaching zero in the last bank statements etc.

And will it help our case then that we have a loan and that we owe a bank 9000$ - repayed monthly?



MarkNortham said:


> Hi Kangooroo -
> 
> In order to add work rights to your BV-E, you'll have to show evidence of financial hardship, which is generally when your combined expenses significantly exceed your partner's income (ie, not counting your income). Also, DIBP may expect you to borrow against owned major assets (like a house with equity) and spend down your savings before they will approve work rights.
> 
> Hope this helps -
> 
> Best,
> 
> Mark Northam


----------



## MarkNortham

That all sounds promising - also make sure that you aren't spending too much on what DIBP may consider "luxury" items such as Foxtel, new clothing, etc.that they may disallow.

Best,

Mark



Kangooroo said:


> Merci beaucoup Mark!
> 
> So actually we have no asset - which is good for this case - and we will show in a spreadsheet that we are in negative on a weekly basis, and that on bank account we are reaching zero in the last bank statements etc.
> 
> And will it help our case then that we have a loan and that we owe a bank 9000$ - repayed monthly?


----------



## Kangooroo

Indeed, makes sense


----------



## Kangooroo

Hi all - 

Would $60 per week deficit in our spreadsheet - well justified and not spending anything on leisure (in form 1005 - to lift work restriction on bridging visa E) would be enough ? 

I am reaching a point of despair where I can't "prove" anything else, although I am going to have to replace my sight glasses that are getting very broken and this will cost me about 80$ for medical eye check and 100$ minimum for new glasses. 


else it's only my partner supporting me with his ok momthly salary but we have a loan to repay every month...


----------



## Kangooroo

Still worried - comparing what my lawyer told me momths ago, I must admit that I haven't got any further concerning my concerns... Is a weekly deficit of about a 100AUD is enough ? She told me it should be about the double - but I thought that a deficit is a deficit and tehrefore is equal to financial hardship... HEEEELp I am going to submit my work waiver end of the week and I reaaallly need to work !!!


----------



## ker258

hello, canceling the student visa will not make the bridging visa in effect, right?


----------



## AusIndo

ker258 said:


> hello, canceling the student visa will not make the bridging visa in effect, right?


It will cancel your bridging visa as well.


----------



## Kangooroo

ker258 said:


> hello, canceling the student visa will not make the bridging visa in effect, right?


Cancelleing your student visa (if you've asked for an other substantive visa i.e. defacto visa) will cancel your worka nd travel rights. To which you can apply then to lift the no work condition - but no garanteed to get it. So yes, Ker, it is complicated.


----------



## adrianm

Hi 

I have been reading this thread as my partner is on a student visa (Sublass 573) but she actually stopped studying at the end of February, a few after we applied for the 820 spouse visa. We believed the visa would of been processed quickly but now we are worried as its taking a long time and my partner hasn't been studying for around 8 months.

We are thinking of informing immigration and swapping to the Bridging Visa class E but I have a few questions first and I don't want my partner to get deported and banned from Australia.

1. To apply for bridging class E do we have to self volunteer or can we simply wait for immigration to cancel the student visa then apply?

2. When applying for the class E, is it guaranteed or can it be rejected and my partner deported?

3. If Immigration find out that my partner hasn't been studying can they deport her without giving us the chance to apply for type E bridging visa?

Thanks
Adrian


----------



## MarkNortham

Hi Adrianm -

Often DIBP (immigration dept) will not cancel a student visa if the applicant has already applied for a partner visa onshore. If they do intend to cancel the visa, they first must notify the applicant and give them the natural justice right to comment, so it doesn't happen in one step. An applicant can voluntarily cancel the student visa, which also cancels the Bridging Visa A that was granted with the partner visa application, leaving the applicant with no visa. That requires the applicant, immediately after cancellation, to visit DIBP and apply for a BV-E, which will normally be granted based on the onshore partner visa application. A BV-E under these scenarios means the person cannot re-enter Australia if they leave while holding the BV-E, unless granted a visitor or other visa to enter Australia (since a BV-E ceases automatically upon departing Australia). Also, due to the cancellation, the applicant cannot count any of the time in Australia prior to the cancellation towards the 4-year residency requirement for citizenship later on. Finally, the BV-E issued will not come with work rights, so work rights would have to be applied for (to be added to the BV-E) based on evidence of financial hardship unless the applicant is allowed to work.

Hope this helps better understand the process - please let me know if I can assist further.

Best,

Mark Northam



adrianm said:


> Hi
> 
> I have been reading this thread as my partner is on a student visa (Sublass 573) but she actually stopped studying at the end of February, a few after we applied for the 820 spouse visa. We believed the visa would of been processed quickly but now we are worried as its taking a long time and my partner hasn't been studying for around 8 months.
> 
> We are thinking of informing immigration and swapping to the Bridging Visa class E but I have a few questions first and I don't want my partner to get deported and banned from Australia.
> 
> 1. To apply for bridging class E do we have to self volunteer or can we simply wait for immigration to cancel the student visa then apply?
> 
> 2. When applying for the class E, is it guaranteed or can it be rejected and my partner deported?
> 
> 3. If Immigration find out that my partner hasn't been studying can they deport her without giving us the chance to apply for type E bridging visa?
> 
> Thanks
> Adrian


----------



## ZackW

*Need Advise*

Hello Mark,

First of all, thank you so much for helping everyone in this forum. I know the stress of having to sort out visa stuff all too well and really, appreciate what you've been doing and keep up the awesome work! I myself have been reading through the pages and my situation is well, kind of different and would like your advise and your view on it.

I am currently an International Student on the 573 and this visa is expiring on the 30th of September 2016. I have decided not to continue studying as it is too burdensome for me financially and have actually contacted the University asking if I could delay my studies and complete them in the future.

I am in a de facto relationship with a Permanent Resident here and we have been together for 5 years and have been living together for 2 years now. I consulted a Migration Agent and was advised to apply for the Partner Visa 820 on the 7th of July 2016 only. The reason for this was even though we had access to each other's bank accounts, have supplementary cards and such, we never thought of ever having a JOINT bank account. We were advised to open one and wait for 12 months before applying for the 820. So we opened a JOINT bank account on the 7th of July 2015 and would need to wait for 12 months to apply for the 820. (Is the advise the migration agent provided correct?)

The plan originally was for me to continue studying and then apply for the 820 in July whilst still on my student visa. Circumstances have changed and I would like to stop my studies right now / have it delayed.

This is my current "plan":

The final date of the University's next semester's payment would be the 17th of March 2016 so I plan to wait until closer to that date to cancel my visa.
I would be heading overseas for holiday on the 8th of April and returning on the 19 of April. I am planning to:

1) Call the Immigration department and inform them that I am no longer studying, say on the 12th of March 2016 (would they provide me about 28 days to sort things out before leaving?) 
2) Fly overseas for my holiday on the 8th of April then apply for the Electronic Transfer Authority (ETA) visa.
3) Return to Australia either on the student visa / ETA visa (I understand that if I return on my student visa while having an ETA, the former would take precedence and if I stay longer than 3 months, the latter would expire 3 months after entering Australia).
4) 3 months after return would be the 19th of July 2016 which would be slightly after I apply for the Partner visa 820 on the 7th of July.

*What are your thoughts regarding this plan and do you have a better suggestion?

Also, if say I return to Australia on my student visa while also holding the ETA visa then have my student visa cancelled while I'm in Australia. Would I then be in Australia on my student visa / ETA visa? Would the 3 month ETA expiry still be valid?

Say everything works out fine and I am on my ETA visa in Australia without a Student visa anymore and I apply for the 820, would I be granted a Bridging Visa A? I was reading and you mentioned that the BVA is tied to the Student Visa however if the BVA is granted when I don't have a student visa, would it be tied to anything or would I be on BVA indefinitely until the decision of the 820 is made?

In the event I come back into Australia with both the Student Visa and the ETA, then I then voluntarily cancel the Student Visa, would it cancel my ETA as well? If it does, what would you advise me to do instead?

I appreciate and I thank you for your time and your advise, Mark. Hope to hear from you soon.

Kind regards,
Zack


----------



## MarkNortham

Hi Zack -

Great post - if you'd like me to see future posts, best to post in the "Ask Mark!" thread you can access on the home page of the Visa/Immigration section in the stickies area.

First of all, I am concerned that after having lived together for 2 years, you are waiting for 12 months with a joint account to lodge - living together evidence is far more important to DIBP than having a joint account, and many couples lodge without even having a joint account if they can show that they commingle their money via a different method.

The second major concern I have is the idea of stopping your studies, having your student visa cancelled early, then assuming you can get an ETA to re-enter Australia - this is not a safe assumption by any means. Also, you cannot hold 2 substantive visas for Australia - if you were on a student visa and they granted you an ETA (big question about this however), the ETA would replace the student visa.

I would suggest you consult with a migration agent who is experienced in partner visas and show the agent ALL of your relationship evidence, and discuss options for lodging the partner visa onshore while you still hold your student visa. That would get you a Bridging Visa A which would allow you to remain in Australia until the partner visa decision occurs, and you could get a Bridging Visa B for trip(s) offshore.

Hope this helps -

Best,

Mark Northam



ZackW said:


> Hello Mark,
> 
> First of all, thank you so much for helping everyone in this forum. I know the stress of having to sort out visa stuff all too well and really, appreciate what you've been doing and keep up the awesome work! I myself have been reading through the pages and my situation is well, kind of different and would like your advise and your view on it.
> 
> I am currently an International Student on the 573 and this visa is expiring on the 30th of September 2016. I have decided not to continue studying as it is too burdensome for me financially and have actually contacted the University asking if I could delay my studies and complete them in the future.
> 
> I am in a de facto relationship with a Permanent Resident here and we have been together for 5 years and have been living together for 2 years now. I consulted a Migration Agent and was advised to apply for the Partner Visa 820 on the 7th of July 2016 only. The reason for this was even though we had access to each other's bank accounts, have supplementary cards and such, we never thought of ever having a JOINT bank account. We were advised to open one and wait for 12 months before applying for the 820. So we opened a JOINT bank account on the 7th of July 2015 and would need to wait for 12 months to apply for the 820. (Is the advise the migration agent provided correct?)
> 
> The plan originally was for me to continue studying and then apply for the 820 in July whilst still on my student visa. Circumstances have changed and I would like to stop my studies right now / have it delayed.
> 
> This is my current "plan":
> 
> The final date of the University's next semester's payment would be the 17th of March 2016 so I plan to wait until closer to that date to cancel my visa.
> I would be heading overseas for holiday on the 8th of April and returning on the 19 of April. I am planning to:
> 
> 1) Call the Immigration department and inform them that I am no longer studying, say on the 12th of March 2016 (would they provide me about 28 days to sort things out before leaving?)
> 2) Fly overseas for my holiday on the 8th of April then apply for the Electronic Transfer Authority (ETA) visa.
> 3) Return to Australia either on the student visa / ETA visa (I understand that if I return on my student visa while having an ETA, the former would take precedence and if I stay longer than 3 months, the latter would expire 3 months after entering Australia).
> 4) 3 months after return would be the 19th of July 2016 which would be slightly after I apply for the Partner visa 820 on the 7th of July.
> 
> *What are your thoughts regarding this plan and do you have a better suggestion?
> 
> Also, if say I return to Australia on my student visa while also holding the ETA visa then have my student visa cancelled while I'm in Australia. Would I then be in Australia on my student visa / ETA visa? Would the 3 month ETA expiry still be valid?
> 
> Say everything works out fine and I am on my ETA visa in Australia without a Student visa anymore and I apply for the 820, would I be granted a Bridging Visa A? I was reading and you mentioned that the BVA is tied to the Student Visa however if the BVA is granted when I don't have a student visa, would it be tied to anything or would I be on BVA indefinitely until the decision of the 820 is made?
> 
> In the event I come back into Australia with both the Student Visa and the ETA, then I then voluntarily cancel the Student Visa, would it cancel my ETA as well? If it does, what would you advise me to do instead?
> 
> I appreciate and I thank you for your time and your advise, Mark. Hope to hear from you soon.
> 
> Kind regards,
> Zack


----------



## ZackW

Hi Mark,

Thanks for your prompt and insightful reply. Noted on future posts and will post in the Ask Mark! thread.

Regarding the Partner Visa, the agent has reviewed all our evidence but suggests that having extra evidence would not hurt. He mentioned that having a Joint bank account would add to the evidence as well and since I have time (at that time till my student visa expires on the 30th of September), he said it shouldn't be a problem to wait for 12 months. However, circumstances have changed and things might be different now. I will rethink this.

Regarding the studies, having a 573 right now, am I eligible for an ETA and upon getting one, would it definitely replace my 573? Also, since i'm holding a student visa at the moment, would it make applying for an ETA more difficult or it doesn't affect anything at all? 
On the border.gov.au/Trav/Visa-1/601- site, it mentions this: 
*If you already hold any other substantive visa when you are granted an ETA:
- if the other visa is still valid when you next enter Australia, you will enter on that visa, not the new ETA
- if you enter and stay in Australia on the other visa for longer than three months, the ETA will end three months from the date that you entered Australia.* 
Does this mean I can actually be granted an ETA while on a student visa and it would not be replaced? 
**Either I'm misunderstanding something here or they have contradicted themselves because here, southkorea.embassy.gov.au/seol/FAQ_601.html#Q15 (Question 15), it mentions that I can't be granted an ETA and instead should apply for a Visitor visa 600. 

My main question would be, say I return to Australia on my Student Visa (ETA granted but not used), then I proceed to cancel my Student Visa, would the ETA automatically be in place or would I need to exit and re-enter Australia for that to happen?

One important thing I wanted to ask you which I forgot, if say I do not enrol in the University and they report me to DIBP, they would then revoke my student visa. Do you know how long DIBP usually gives students to sort out their stuff before requiring them to leave Australia? Also would having my student visa affect / impact the decision on my Partner Visa in the future? Not sure if having the student visa revoked is viewed as a "bad standing" or "black mark" in my name.

Please advise.

Kind regards,
Zack



MarkNortham said:


> Hi Zack -
> 
> Great post - if you'd like me to see future posts, best to post in the "Ask Mark!" thread you can access on the home page of the Visa/Immigration section in the stickies area.
> 
> First of all, I am concerned that after having lived together for 2 years, you are waiting for 12 months with a joint account to lodge - living together evidence is far more important to DIBP than having a joint account, and many couples lodge without even having a joint account if they can show that they commingle their money via a different method.
> 
> The second major concern I have is the idea of stopping your studies, having your student visa cancelled early, then assuming you can get an ETA to re-enter Australia - this is not a safe assumption by any means. Also, you cannot hold 2 substantive visas for Australia - if you were on a student visa and they granted you an ETA (big question about this however), the ETA would replace the student visa.
> 
> I would suggest you consult with a migration agent who is experienced in partner visas and show the agent ALL of your relationship evidence, and discuss options for lodging the partner visa onshore while you still hold your student visa. That would get you a Bridging Visa A which would allow you to remain in Australia until the partner visa decision occurs, and you could get a Bridging Visa B for trip(s) offshore.
> 
> Hope this helps -
> 
> Best,
> 
> Mark Northam


----------



## MarkNortham

Hi Zack -

The main concern I would have is being approved for any sort of a visitor visa while you either currently hold a student visa, or have recently had a student visa cancelled - this can create a substantial barrier for getting a visitor visa as you have already demonstrated you have an interest in study in Australia, which is far more than an interest in just being a tourist here.

Also, if your school reports you to DIBP if you stop attending or meeting minimum requirements (as they are required to), DIBP has been known to cancel a student visa while you are offshore on a trip, even if the student visa has significant time left to run on it. I expect this is because if they cancel while you are offshore, you have very few options to fight it. No good way to predict how long DIBP might take to cancel a student visa after they are informed of non-study, etc.

Best,

Mark Northam



ZackW said:


> Hi Mark,
> 
> Thanks for your prompt and insightful reply. Noted on future posts and will post in the Ask Mark! thread.
> 
> Regarding the Partner Visa, the agent has reviewed all our evidence but suggests that having extra evidence would not hurt. He mentioned that having a Joint bank account would add to the evidence as well and since I have time (at that time till my student visa expires on the 30th of September), he said it shouldn't be a problem to wait for 12 months. However, circumstances have changed and things might be different now. I will rethink this.
> 
> Regarding the studies, having a 573 right now, am I eligible for an ETA and upon getting one, would it definitely replace my 573? Also, since i'm holding a student visa at the moment, would it make applying for an ETA more difficult or it doesn't affect anything at all?
> On the border.gov.au/Trav/Visa-1/601- site, it mentions this:
> *If you already hold any other substantive visa when you are granted an ETA:
> - if the other visa is still valid when you next enter Australia, you will enter on that visa, not the new ETA
> - if you enter and stay in Australia on the other visa for longer than three months, the ETA will end three months from the date that you entered Australia.*
> Does this mean I can actually be granted an ETA while on a student visa and it would not be replaced?
> **Either I'm misunderstanding something here or they have contradicted themselves because here, southkorea.embassy.gov.au/seol/FAQ_601.html#Q15 (Question 15), it mentions that I can't be granted an ETA and instead should apply for a Visitor visa 600.
> 
> My main question would be, say I return to Australia on my Student Visa (ETA granted but not used), then I proceed to cancel my Student Visa, would the ETA automatically be in place or would I need to exit and re-enter Australia for that to happen?
> 
> One important thing I wanted to ask you which I forgot, if say I do not enrol in the University and they report me to DIBP, they would then revoke my student visa. Do you know how long DIBP usually gives students to sort out their stuff before requiring them to leave Australia? Also would having my student visa affect / impact the decision on my Partner Visa in the future? Not sure if having the student visa revoked is viewed as a "bad standing" or "black mark" in my name.
> 
> Please advise.
> 
> Kind regards,
> Zack


----------



## ZackW

Hi Mark,

Fair enough. 
I have been hearing that if I apply for ETA before my student visa expires naturally, I will be considered a non genuine student and the ETA will not be granted. Is this true at all?

Also, would having my Student Visa revoked affect my application of the Partner Visa in the future? Are there any ramifications and would my name be black marked which would affect the future application?

That aside, what are your thoughts on applying for a Visitor Visa 600 while in Australia instead? If that is granted, would that replace my current Student Visa?

Kind regards,
Zack



MarkNortham said:


> Hi Zack -
> 
> The main concern I would have is being approved for any sort of a visitor visa while you either currently hold a student visa, or have recently had a student visa cancelled - this can create a substantial barrier for getting a visitor visa as you have already demonstrated you have an interest in study in Australia, which is far more than an interest in just being a tourist here.
> 
> Also, if your school reports you to DIBP if you stop attending or meeting minimum requirements (as they are required to), DIBP has been known to cancel a student visa while you are offshore on a trip, even if the student visa has significant time left to run on it. I expect this is because if they cancel while you are offshore, you have very few options to fight it. No good way to predict how long DIBP might take to cancel a student visa after they are informed of non-study, etc.
> 
> Best,
> 
> Mark Northam


----------



## quethaochi

Hi. I don't know your case, however you allow to cancel visa and apply for bve, but bve not let you go outside Australia, no study, and no work( you can apply for work right) you think carefully before do.


----------



## Maggie-May24

I think what Mark is saying is that holding a student visa or having recently had a student visa cancelled will put you at serious jeopardy of getting any type of visitor visa approved. DIBP will likely see a visitor visa as an excuse for coming to Australia in order to apply for another type of visa, which is not the intention of a visitor visa and therefore they would refuse the visitor visa application. It may be a good idea to arrange a consultation with Mark if your current agent isn't giving you the best advice. His suggestion of lodging a partner visa now while your student visa is active, is likely the best one.


----------



## ZackW

Hi Maggie,

Thanks for your reply. I understand Mark's concern. Well I can also say that I've completed my studies and would like a visa to travel around Australia while waiting for the graduation ceremony. As far as I know, once completing studies at the University, we are already in breach of the condition as I am no longer enrolled in a course so I can be applying for a Visa that allows me to enter and move around Australia legally which would be the ETA / Visitor Visa. What are your thoughts on this?



Maggie-May24 said:


> I think what Mark is saying is that holding a student visa or having recently had a student visa cancelled will put you at serious jeopardy of getting any type of visitor visa approved. DIBP will likely see a visitor visa as an excuse for coming to Australia in order to apply for another type of visa, which is not the intention of a visitor visa and therefore they would refuse the visitor visa application. It may be a good idea to arrange a consultation with Mark if your current agent isn't giving you the best advice. His suggestion of lodging a partner visa now while your student visa is active, is likely the best one.


----------



## Maggie-May24

I don't have enough experience to say one way or another, but I'm fairly cautious by nature and would be nervous of taking a chance of the ETA/600 visa being refused. In your shoes, I'd seriously look into applying for the partner visa now so you can get that process started (a joint account is not necessary as long as you can show you and your partner are sharing the household finances from your individual accounts, have access to each other's money, or similar arrangements) and a bridging visa issued. With only 10 months left until your student visa expires, I'd also look at how I could scrape together enough funds to pay enough tuition to keep that visa active and avoid it being cancelled.


----------



## ZackW

Hi Maggie,

On another note, do you happen to know if a medical exam is required when applying for the ETA / Visitor visa?



Maggie-May24 said:


> I don't have enough experience to say one way or another, but I'm fairly cautious by nature and would be nervous of taking a chance of the ETA/600 visa being refused. In your shoes, I'd seriously look into applying for the partner visa now so you can get that process started (a joint account is not necessary as long as you can show you and your partner are sharing the household finances from your individual accounts, have access to each other's money, or similar arrangements) and a bridging visa issued. With only 10 months left until your student visa expires, I'd also look at how I could scrape together enough funds to pay enough tuition to keep that visa active and avoid it being cancelled.


----------



## zhutaoqt

Hi Mark,

Mark Northam Thread

I've read your posts on Australiaforum in relation to partner visas, they are very informative and helpful. Thank you very much!

Can I get some advice from you re my situation please? Thanks a lot!

I'm an international student from China, my visa will not expire till Mar 2017. My husband (Australian citizen) and I were married in August 2015, we lodged our partner visa before Christmas 2015.

We're thinking of cancelling my student visa, and I understand most likely I will get a Bridging V E (no travel and work rights). So I have the following reasons to cancel my study:

1. Travelling to university is too far (2-2.5 hrs by public transport as I haven't got my license yet). 

2. Heavy study load (I would choose to study part time online at a closer university if possible). I find study full time can be very stressful as my uni results are only pass and credit from last year. Also because I have to travel very far, and I'm always late for class, so I don't find study on campus is that helpful.

3. We are thinking of having children as my husband is in his late 30s and I'm in my early 30s too. 

Do you think the above reasons are strong enough to apply cancellation of student visa?

I'm thinking of applying for work part time. However, my husband has been working in the state government for more than 10 years, and his yearly income is nearly 100K. We think this might be hard for me to prove that we have financial hardship. 

However, we still owe our homeloan about $60K, could this be a support for me to apply work part time? If not, can I apply for volunteer work or study part time online?

Many thanks!

Tao


----------



## MarkNortham

Hi Tao -

Thanks for the posting and email - I just responded to your email. Any student visa holder has the right to request cancellation of the visa - no need to justify the request, etc, just state a reason and that's fine.

Best,

Mark Northam



zhutaoqt said:


> Hi Mark,
> 
> Mark Northam Thread
> 
> I've read your posts on Australiaforum in relation to partner visas, they are very informative and helpful. Thank you very much!
> 
> Can I get some advice from you re my situation please? Thanks a lot!
> 
> I'm an international student from China, my visa will not expire till Mar 2017. My husband (Australian citizen) and I were married in August 2015, we lodged our partner visa before Christmas 2015.
> 
> We're thinking of cancelling my student visa, and I understand most likely I will get a Bridging V E (no travel and work rights). So I have the following reasons to cancel my study:
> 
> 1. Travelling to university is too far (2-2.5 hrs by public transport as I haven't got my license yet).
> 
> 2. Heavy study load (I would choose to study part time online at a closer university if possible). I find study full time can be very stressful as my uni results are only pass and credit from last year. Also because I have to travel very far, and I'm always late for class, so I don't find study on campus is that helpful.
> 
> 3. We are thinking of having children as my husband is in his late 30s and I'm in my early 30s too.
> 
> Do you think the above reasons are strong enough to apply cancellation of student visa?
> 
> I'm thinking of applying for work part time. However, my husband has been working in the state government for more than 10 years, and his yearly income is nearly 100K. We think this might be hard for me to prove that we have financial hardship.
> 
> However, we still owe our homeloan about $60K, could this be a support for me to apply work part time? If not, can I apply for volunteer work or study part time online?
> 
> Many thanks!
> 
> Tao


----------



## Samy81

I have a quick question, I just apply for the Partner Visa, and I have a baby 5 months old, my student visa will expire next month March 2016, I have a problem, I can't finish my studies, or better I have left just the 240 hours of working placement, and being pregnant before and having a little baby now, it's a bit difficult to finish my studies, I'm so scared that they will kick me out from Australia and cancell my student visa, my partner is australian citizen and also my daughter,we are not married yet but in a defacto relationship, will they kick me out also if I have a daughter?


----------



## MarkNortham

Hi Samy81 -

If you've lodged a valid partner visa application onshore (subclass 820/801) and you decide to cancel your student visa because you cannot complete your studies, you'll need to go to DIBP as soon as the student visa is cancelled and apply for a Bridging Visa E to remain in the country until your partner visa is decided. Your other option is to simply let the student visa expire - unless DIBP completes the cancellation process prior to the visa expiring (including the 28 day period they must give you to respond to a notice of intention to cancel), the student visa will expire on its own and the bridging visa (I assume) you were granted when you applied for the onshore partner visa will automatically active. This would leave you in a much better position, since assuming you hold a Bridging Visa A, once that actives you have full work rights and can apply for a Bridging Visa B if you wish to make a trip abroad and return. If you cancel the student visa, then with the BV-E you would not be able to travel and return.

I'd probably sit tight and see what DIBP does - there's a good chance that given the short time left on the student visa, they might not cancel it. If they do cancel it, then you'll have to get a BV-E as above, but as long as you have a valid partner visa lodged before they cancel it, they would normally grant the BVE to allow you to remain in the country.

Hope this helps -

Best,

Mark Northam



Samy81 said:


> I have a quick question, I just apply for the Partner Visa, and I have a baby 5 months old, my student visa will expire next month March 2016, I have a problem, I can't finish my studies, or better I have left just the 240 hours of working placement, and being pregnant before and having a little baby now, it's a bit difficult to finish my studies, I'm so scared that they will kick me out from Australia and cancell my student visa, my partner is australian citizen and also my daughter,we are not married yet but in a defacto relationship, will they kick me out also if I have a daughter?


----------



## ooo60117

Hi everyone 
I'm trying to do my student visa cancellation 
The form 1194 there's a question 
"Date of departure from Australia "
I don't know how to answer it.
I've applied partner visa. And I'm not going to leave 
Australia..
Should I just leave it?
Or what should I write down in that?
Thanks


----------



## Div06

*quest*

Hello, firstly thankyou for all the advice you continue to offer, glad there's people who want to help like you.

My question is , we have already lodge a def facto partner visa and received the bridging visa A, we have read that we can cancel my partner's student visa and be on bridging visa E or we can let the visa expire...my question is if we want to let the visa expire, as my partner cant continue her course, can the school report that she hasnt been attending her course etc and and have her name black mark or something similiar like what do we do if we cant pay the course fees etc will the visa just proceed to expire on the expire date or can it be cancelled due to her not attending her course and therefore not meeting requirements of her visa and give her a bad mark on her record?

hope i made the question clear lol.


----------



## Maggie-May24

Div06 said:


> Hello, firstly thankyou for all the advice you continue to offer, glad there's people who want to help like you.
> 
> My question is , we have already lodge a def facto partner visa and received the bridging visa A, we have read that we can cancel my partner's student visa and be on bridging visa E or we can let the visa expire...my question is if we want to let the visa expire, as my partner cant continue her course, can the school report that she hasnt been attending her course etc and and have her name black mark or something similiar like what do we do if we cant pay the course fees etc will the visa just proceed to expire on the expire date or can it be cancelled due to her not attending her course and therefore not meeting requirements of her visa and give her a bad mark on her record?
> 
> hope i made the question clear lol.


If she doesn't attend her courses, the school would likely notify DIBP who would then contact her about cancelling the visa. She could then apply for a BVE. There isn't a bad mark on her record as long as she applies for the BVE vs. simply remaining in Australia without a visa. However a BVE has no work or travel rights (work rights can be applied for if you can satisfy the financial hardship criteria) and any time before the BVE isn't counted towards citizenship.


----------



## Div06

oh ok so it really doesn't matter whether we cancel it or just leave it untill dicp ring to cance?


----------



## hoangtrongusvn

MarkNortham said:


> Hi Samy81 -
> 
> If you've lodged a valid partner visa application onshore (subclass 820/801) and you decide to cancel your student visa because you cannot complete your studies, you'll need to go to DIBP as soon as the student visa is cancelled and apply for a Bridging Visa E to remain in the country until your partner visa is decided. Your other option is to simply let the student visa expire - unless DIBP completes the cancellation process prior to the visa expiring (including the 28 day period they must give you to respond to a notice of intention to cancel), the student visa will expire on its own and the bridging visa (I assume) you were granted when you applied for the onshore partner visa will automatically active. This would leave you in a much better position, since assuming you hold a Bridging Visa A, once that actives you have full work rights and can apply for a Bridging Visa B if you wish to make a trip abroad and return. If you cancel the student visa, then with the BV-E you would not be able to travel and return.
> 
> I'd probably sit tight and see what DIBP does - there's a good chance that given the short time left on the student visa, they might not cancel it. If they do cancel it, then you'll have to get a BV-E as above, but as long as you have a valid partner visa lodged before they cancel it, they would normally grant the BVE to allow you to remain in the country.
> 
> Hope this helps -
> 
> Best,
> 
> Mark Northam


Hi Mark, regarding to samy81 case:
If she chose to letting her student visa expire on its own and letting the BVA activated. Assuming now she is on BVA.

My question is :

Can she cancel the course at her Uni when the BVA activated ?
If she coun't continue to attend the Uni, will the Uni report to DIBP ? And is it effect her BVA ?

Looking forward for your answers ?

Regards.


----------



## blackfrangetta

*bridging visa*

Hi

my partner and I applied for 187 visa on 20/11 while both under student visa(he was my dependent). I am the second applicant on the 187 application.
he also applied for a 457 just after in order to work full time for the same company until the 187 was granted.

I am still in a student visa expiring on April 2018. I completed my studies on July 2015. How can I make my bridging visa effective?

My University has communicated to DIBP immi on 15/7 that I completed the course. Will my student visa be shortened? Or made invalid after 28days from 15/7? How do I know if this happens?Will the status of my visa changes?

If I communicate that I finished my study to immigration, will something happen?

Thank you!


----------



## Maggie-May24

blackfrangetta said:


> Hi
> 
> my partner and I applied for 187 visa on 20/11 while both under student visa(he was my dependent). I am the second applicant on the 187 application.
> he also applied for a 457 just after in order to work full time for the same company until the 187 was granted.
> 
> I am still in a student visa expiring on April 2018. I completed my studies on July 2015. How can I make my bridging visa effective?
> 
> My University has communicated to DIBP immi on 15/7 that I completed the course. Will my student visa be shortened? Or made invalid after 28days from 15/7? How do I know if this happens?Will the status of my visa changes?
> 
> If I communicate that I finished my study to immigration, will something happen?
> 
> Thank you!


Did you mean you completed your studies in July 2016? Or have you finished a year ago?

Regardless, you cannot make your bridging visa take affect any sooner. Hopefully the 457 will be approved fairly quickly and you'd move onto that visa, assuming your partner included you in his application.

If DIBP contacts you about cancelling your student visa, you can let them know about the visa applications (187 and/or 457) that are in process and hopefully they would hold off cancelling your student visa in the meantime.


----------



## blackfrangetta

Maggie-May24 said:


> Did you mean you completed your studies in July 2016? Or have you finished a year ago?
> 
> Regardless, you cannot make your bridging visa take affect any sooner. Hopefully the 457 will be approved fairly quickly and you'd move onto that visa, assuming your partner included you in his application.
> 
> If DIBP contacts you about cancelling your student visa, you can let them know about the visa applications (187 and/or 457) that are in process and hopefully they would hold off cancelling your student visa in the meantime.


Hi Maggie!
Thank you for your reply.
Unfortunately, he didn't include me in the 457 (which was granted in December) to save money and cause our MA thought we could get the 187 approved in 3-5 months. 
It's almost 9 months and our application status is still received 

So they don't cancel my vivas until a decision is made for the 187?
So my bridging visa is useless


----------



## Maggie-May24

blackfrangetta said:


> Hi Maggie!
> Thank you for your reply.
> Unfortunately, he didn't include me in the 457 (which was granted in December) to save money and cause our MA thought we could get the 187 approved in 3-5 months.
> It's almost 9 months and our application status is still received
> 
> So they don't cancel my vivas until a decision is made for the 187?
> So my bridging visa is useless


The bridging visa is to cover any gap between one visa expiring and another being granted. Unless your student visa expires naturally, the bridging visa will not take effect.


----------



## tdanda

Great forum, thanks everyone for the input. 
We have a similar situation where my partner's student visa will only expire in 2018 and we are applying for a partner visa at the end of this year. As such we are still analysing a few options. 
The idea situation would be for her to maintain a bridging visa A with the same rights as the student visa. But because of the long duration it is unlikely this will expire before the 820 is processed. So she will need to continue to study and paying really high tuition fees for courses she's not really enjoying. Our option would be to try to shorten her current student visa prior to applying for the partner visa. 
So the question is, what would be a genuine reason for her to be able to shorten the duration of the visa? Change in financial conditions? What about interest in a different course of different duration? Would this require a new visa application fee for this shorter student visa, or change of conditions don't require a new application? 
Just trying to find ways to get her out of this very long visa before the partner visa application. 
Any ideas? 
Thanks very much in advance for your replies.


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## Maggie-May24

tdanda said:


> Great forum, thanks everyone for the input.
> We have a similar situation where my partner's student visa will only expire in 2018 and we are applying for a partner visa at the end of this year. As such we are still analysing a few options.
> The idea situation would be for her to maintain a bridging visa A with the same rights as the student visa. But because of the long duration it is unlikely this will expire before the 820 is processed. So she will need to continue to study and paying really high tuition fees for courses she's not really enjoying. Our option would be to try to shorten her current student visa prior to applying for the partner visa.
> So the question is, what would be a genuine reason for her to be able to shorten the duration of the visa? Change in financial conditions? What about interest in a different course of different duration? Would this require a new visa application fee for this shorter student visa, or change of conditions don't require a new application?
> Just trying to find ways to get her out of this very long visa before the partner visa application.
> Any ideas?
> Thanks very much in advance for your replies.


You cannot shorten a student visa. She either needs to stay on the student visa and continue her studies, or her only other option is to cancel the student visa. She'd then need to apply for a BVE as she'd be unlawfully in Australia - BVE comes with no work rights (can be applied for if she can prove financial hardship), no travel rights (cannot be applied for) and any time on her earlier visa(s) would not count towards citizenship residency.


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## MinhB

Hello Mark, thank you for helping everyone about their visas.

I have a question about BVA. Currently I and my spouse are on student visa (I am the dependent). The student visa will expire in March 2017. I have already applied for a 457 visa in April 2016 and my spouse is included as a partner. We've got our BVA approved. Unfortunately we haven't received any decision regarding the 457 visa yet. My spouse decided to graduately earlier than planned (in July 2016) and got a confirmation from university. Until now when we check VEVO, our visa status is still student visa. My questions are:

1/ Do we have to do anything regarding this student visa? As I read from previous posts, we shouldn't do anything as DIBP will not cancel student visa if another visa has been lodged. Is this correct?

2/ If my spouse doesn't study anymore, is there any violation to the student visa conditions if she goes to work full time now? And will this result in any bad records for the PR application later?

Please advise me on what to do. Thanks Mark and everyone


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## Div06

*Help!!*

so my partner wants to cancel her visa so she can go onto a bridging visa E due to not being able to afford the costs associated with her course. but her schools is demanding we need still pay the whole school fee before they will release her. What can we do about this situation as the whole reason we decided to cancel her visa earlier is due to the costs of the course, will they put her in debt and bad credit in australia by ignoring the demand to pay the fees and report it to the immigration? we have previously emailed a request twice to cancel visa but have had no reply in last month or two about it or even an acknowledgement that the request has been recieved.


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## danny1502

hi everyone, just wondering to know that what does "no work condition 8101" really mean??? 
As i read on some website they said: 

Volunteer Work - Temporary visa-holders will not be in breach of condition 8101 if they engage in volunteer work whilst in Australia that:
Is of benefit to the community
Is for a non-profit organisation
Would not have otherwise been offered as paid work to an Australian resident
Is unpaid (although board and lodging is acceptable); and
Is 3 months or less.

So, if: 
-i help my sister to work unpaid in her store (nails salon)
- i work for my sister but less than 3 months. 
Those two still consider that i am not breach the condition of "no work8101"

Looking forward to any given advice from people. musch appreciate.


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## ampk

No that not fine - NO work sorry, you get a benefit that is deemed a $ for that work done (you even know it is "work") just think if family is maybe ok.


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## danny1502

ampk said:


> No that not fine - NO work sorry, you get a benefit that is deemed a $ for that work done (you even know it is "work") just think if family is maybe ok.


Thanks for your advise. 
Here what i found on that website:

Work Condition 8101 - "No Work"

The contents of this article are correct as at 30 June 2009
This article is the first in a series of four that will address work conditions.

Temporary visas including visitor visas, student visas, temporary business visas and bridging visas are granted with work conditions attached.

These restrict whether the visa-holder can work, how much they can work and where or for whom they can work.

Any breach of these conditions can have serious consequences for the visa-holder and family members, including visa cancellation. It is therefore important for visa-holders to understand the requirements of work conditions imposed.

Work conditions imposed on family members may differ from those imposed on the primary visa holder. For this reason each visa-holder should be aware of the work conditions attached to their own particular visa. Work conditions appear on the visa label as well as on the grant-of-visa letter/email.

This article will explain condition 8101, the "no work" condition which is imposed, for example, on visitor visas.
"No Work" - Condition 8101
Condition 8101 means that the visa-holder is not allowed to engage in work whilst in Australia.

Definition of "work"

"Work" is defined as "an activity that, in Australia, normally attracts remuneration." However, there are some activities which can be engaged in without breaching condition 8101 and some circumstances where the Immigration Department is likely to be flexible. These are considered below.

Volunteer Work - Temporary visa-holders will not be in breach of condition 8101 if they engage in volunteer work whilst in Australia that:
Is of benefit to the community
Is for a non-profit organisation
Would not have otherwise been offered as paid work to an Australian resident
Is unpaid (although board and lodging is acceptable); and
Is 3 months or less

This is the website that explain about No Work 8101.
Any advise please share to me. thanks.


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## Maggie-May24

danny1502 said:


> hi everyone, just wondering to know that what does "no work condition 8101" really mean???
> As i read on some website they said:
> 
> Volunteer Work - Temporary visa-holders will not be in breach of condition 8101 if they engage in volunteer work whilst in Australia that:
> Is of benefit to the community
> Is for a non-profit organisation
> Would not have otherwise been offered as paid work to an Australian resident
> Is unpaid (although board and lodging is acceptable); and
> Is 3 months or less.
> 
> So, if:
> -i help my sister to work unpaid in her store (nails salon)
> - i work for my sister but less than 3 months.
> Those two still consider that i am not breach the condition of "no work8101"
> 
> Looking forward to any given advice from people. musch appreciate.


Helping your sister in her salon (a for-profit organisation) would be considered work as that is something an Australian would be paid for doing, and therefore in breach of your visa condition. Helping in a soup kitchen would be volunteer work since that would not be something an Australian would be paid to do.


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## danny1502

Maggie-May24 said:


> Helping your sister in her salon (a for-profit organisation) would be considered work as that is something an Australian would be paid for doing, and therefore in breach of your visa condition. Helping in a soup kitchen would be volunteer work since that would not be something an Australian would be paid to do.


Thanks so much maggie. can you explain more about 3 point below that:

- Would not have otherwise been offered as paid work to an Australian resident
- Is unpaid (although board and lodging is acceptable); and
- Is 3 months or less

i haven't got any offer to work from her, just because i was grateful to what she had done to me. (sponser me to australia for study and meet my partner here and support me when i live here, free room to living, free food)
and for sure i am not get any money from her salon during that helping work ( unpaid).

As i have been waiting for Temporary PR since April 2015. I don't know how long it would be, but i have to pay school fee for next year on this November. So, just thinking that i might cancel my student visa, stop pay school fee of that course which is not interesting anymore.

Any advice please feel free to share for me. thanks.


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## Maggie-May24

I don't know about point 3, but perhaps that's to make sure it's a temporary arrangement. That doesn't change the fact that working unpaid is still a breach of your visa condition. You can do volunteer work, but that's different than unpaid work.


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## MarCi

I'm about to apply for a student visa for a 1 year and 2 months course, my Australian boyfriend and I are planning on apply to the partner visa once we had lived together enough time. If I apply for a de facto visa when I still have 6 months left on my student visa and I get a Bridging visa A, would it be possible to ask for a work rights review if we show financial hardship?

Thanks


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## CCMS

MarCi said:


> I'm about to apply for a student visa for a 1 year and 2 months course, my Australian boyfriend and I are planning on apply to the partner visa once we had lived together enough time. If I apply for a de facto visa when I still have 6 months left on my student visa and I get a Bridging visa A, would it be possible to ask for a work rights review if we show financial hardship?
> 
> Thanks


How can you meet the financial requirements for a student visa, if you are already considering claiming financial hardship in the near future ? Your Bridging Visa A will not come into effect until your student visa ceases and it is unlikely that you can modify work restrictions on the student visa, especially if you have claimed earlier on that you have the required financial capability for a student visa. Furthermore how will you be able to study if you are going to work more than 20 hours while your course is in session ?


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## Visa Expert Australia

So you are using student visa as a bridging in order to gain PR here.

Your student visa application likely to fail.

If you don't know Genuine Temporary Entrant Criterion for Student Visa (Direction No 69), better to read it.



MarCi said:


> I'm about to apply for a student visa for a 1 year and 2 months course, my Australian boyfriend and I are planning on apply to the partner visa once we had lived together enough time. If I apply for a de facto visa when I still have 6 months left on my student visa and I get a Bridging visa A, would it be possible to ask for a work rights review if we show financial hardship?
> 
> Thanks


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## MarCi

CCMS said:


> How can you meet the financial requirements for a student visa, if you are already considering claiming financial hardship in the near future ? Your Bridging Visa A will not come into effect until your student visa ceases and it is unlikely that you can modify work restrictions on the student visa, especially if you have claimed earlier on that you have the required financial capability for a student visa. Furthermore how will you be able to study if you are going to work more than 20 hours while your course is in session ?


I'm not considering claiming financial hardship, it was just a question to consider some changes we want to do in our lives. We want to move out of his parents house, which would mean that we'll have more expenses than we have now and our economic situation may change. I think its totally possible working between 20 and 30h a week while studying. That's how I got my bachelor degree and still managed to have good results.

Anyway, I misunderstood when the Bridging Visa comes into effect.



Visa Expert Australia said:


> So you are using student visa as a bridging in order to gain PR here.
> 
> Your student visa application likely to fail.
> 
> If you don't know Genuine Temporary Entrant Criterion for Student Visa (Direction No 69), better to read it.


No, I'm not. I've decided to do in Australia a course on the same field that I was planning to do in Europe.


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## CCMS

MarCi said:


> I'm not considering claiming financial hardship, it was just a question to consider some changes we want to do in our lives. We want to move out of his parents house, which would mean that we'll have more expenses than we have now and our economic situation may change. I think its totally possible working between 20 and 30h a week while studying. That's how I got my bachelor degree and still managed to have good results.
> 
> Anyway, I misunderstood when the Bridging Visa comes into effect.
> 
> .


Don't get me wrong. I am just pointing out potential pitfalls. You do not have to justify yourself to me and I am not the one that needs to be convinced. You just have to consider how DIBP would look at it.

Make sure you are aware of the visa conditions and what the consequences could be if you wanted to make any changes once you are in Australia.

What you really should budget for is the entire period of your student visa , taking into account the work restrictions that apply. Even when you apply for a partner visa, it is unlikely that it will be approved before your student visa expires, so your bridging visa (and associated work rights) is unlikely to come into effect until your student visa expires.


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## Jackishere

Hello all, was just wandering on the internet regarding cancelling student visa and I came upon this post. I'm amazed to see all the responses and help given in this thread, and all the patience in answering each and every question of everyone. I'm in a similar situation myself and by reading all the post from page one till here, I've understood my situation better and what's going to happen if I cancel my student visa or my college reports to immigration for being naughty. I'm also currently on a BV-A and I'm expecting a BV-E soon, I hope.

The only difference is that I'm on a BV-A applying for subclass 489, which is a skilled regional family sponsored visa. I believe I'm in the last stages of my application as I'm just waiting for my police check from Singapore, which is taking ages and eating my brains out. My course progress is bad and I'm getting warning emails from my college, I'm just hoping to get my 489 visa approved before getting any letters from immigration.

I'm just curious if it applies the same to me cancelling my student visa for subclass 489 than to someone cancelling for a partner visa? Your replies would be greatly appreciated. Thank you!


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## CCMS

Jackishere said:


> I'm just curious if it applies the same to me cancelling my student visa for subclass 489 than to someone cancelling for a partner visa? Your replies would be greatly appreciated. Thank you!


The underlying issue is the same:If you cancel your student visa when you have applied for another visa, the Bridging Visa A associated to the new visa you have applied for will also be cancelled.


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## micha

Good day, 
I have read the thread and it is very helpful. I currently have a student visa and have recently granted a bridging visa A after I lodged a 189 visa application. I have read in the bridging visa grant e-mail notice that my bridging visa will not be in effect as I have a student visa currently in effect. 

From that statement, the way I understood it was my bridging visa will be in effect IF/ONCE my current visa(student visa) gets cancelled(for whatever reason it may be), and the visa condition for my bridging visa will be in effect until a decision has been made for my 189 visa application.

In addition, it is stated in ( source: border.gov.au) that "A Bridging visa A (BVA) i​s a temporary visa. It can be granted if you lodge an application in Australia for a new substantive visa while you still hold a current substantive visa. It allows you to remain lawfully in Australia after your current substantive visa ends and while your new substantive visa application is being processed."

In contrary, I've read from this thread that the cancellation of the current student visa(for any reason) will result in the cancellation of the bridging visa A granted(for whatever visa application had been lodge), thus making our stay illegal as both student visa and bridging visa(in my case, visa 189) will be cancelled. 

Can I clarify which one I might have misunderstood? 


Thanks in advance,


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## tenzin

*About partner visa 820/801*

Hi Mark, 
I also have completed my course prior to the expiry of my student visa and I have also applied for (Marriage) partner visa 820/801 for which I also have an inactive Briding visa A due to my valid student visa till March 2019. 
- Do I also get full right of working hours?? 
- Do I still have to study something else to stay in Student visa due to ineffective Briding visa A?
- I just completed Bachelor of Nursing. If its necessary to study according to the student visa condition, Can I pursue Diploma of 
Leadership and Management for which I will have to reapply for 
vocational visa; would this affect my partner visa?
Kind regards,
Tenzin



MarkNortham said:


> Hi Majedulhuq -
> 
> Thanks for the note and kind words. As long as DIBP realises you have already made an application for a permanent residency visa, they will generally not cancel your student visa, even if the CoE is cancelled by the school - that's their policy on dealing with these things. If you get any sort of Notice of intent to cancel your student visa, you should immediately inform DIBP that you have applied for a 189 visa, and supply your TRN and letter of acknowledgement of the application. That should stop any sort of student visa cancellation process. Your BV-A will not activate until the student visa expires on its own, but as you have completed your course you now have full work rights on the student visa until it expires.
> 
> Hope this helps -
> 
> Best,
> 
> Mark Northam


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## CCMS

micha said:


> Good day,
> I have read the thread and it is very helpful. I currently have a student visa and have recently granted a bridging visa A after I lodged a 189 visa application. I have read in the bridging visa grant e-mail notice that my bridging visa will not be in effect as I have a student visa currently in effect.
> 
> From that statement, the way I understood it was my bridging visa will be in effect IF/ONCE my current visa(student visa) gets cancelled(for whatever reason it may be), and the visa condition for my bridging visa will be in effect until a decision has been made for my 189 visa application.
> 
> In addition, it is stated in ( source: border.gov.au) that "A Bridging visa A (BVA) i s a temporary visa. It can be granted if you lodge an application in Australia for a new substantive visa while you still hold a current substantive visa. It allows you to remain lawfully in Australia after your current substantive visa ends and while your new substantive visa application is being processed."
> 
> In contrary, I've read from this thread that the cancellation of the current student visa(for any reason) will result in the cancellation of the bridging visa A granted(for whatever visa application had been lodge), thus making our stay illegal as both student visa and bridging visa(in my case, visa 189) will be cancelled.
> 
> Can I clarify which one I might have misunderstood?
> 
> Thanks in advance,


The bridging visa will come into effect when your current visa EXPIRES.

If your current visa is CANCELLED, the bridging visa will be cancelled as well.


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## Alex B

Hi Sir,

Hi Sir,


I would like to ask for your advice regarding my former education provider demanding me to pay for a semester that I did not wish to continue.I filed for cancellation of my enrolment/course and submitted withdrawal form as I was granted bridging visa while awaitng for PR subclass 189 but they refused..And I didnt attend classes for the semester.Until I was granted PR and sent them the new visa but still keep sending me that i need to pay.Now, they sent me final demand to pay to avoid proceedings against me. Am I still obliged to pay when i withrew before the semester starts?Will this affect my PR?Would be glad if you could answer my query.Thank you.


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## ampk

What was the agreement/contract you signed with the education provider, regarding payment and cancelation?


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## Alex B

Yes allowed to cancel course as long as before new intake starts. To make my query short, is it possible to request to cancel a course on a student visa once a bridging visa A is received and waiting for pr?TIA


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## ampk

I didn't even finish high school, but I would expect that a course "intake" starts once a year and there are several semesters in each year.

If you have your Certificate of Enrolment cancelled your Student Visa will be cancelled.

When your Student Visa gets cancelled you no longer have a Bridging Visa A.

You then become unlawful in Australia.

You need to understand the Bridging Visa is an extension of your Student Visa *NOT* your 189 application.


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## Mania

^further to ampks comment above.

Think of 2 pillars with a rope bridge in between. If one of those pillars crumbles then the rope bridge fails.

Those 2 pillars are the visa you are on and the visa you applied for. 

If you cancel your visa then the pillar crumbles and the bridge falls.

You need to maintain that visa until you are all the way across the bridge and the new visa is granted.


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## BAQ

My advise is NOT to cancel your student visa, I did that and was put on a BVE which is basically a prison sentence, or better its parole/bail without criminal records but you are free to walk around, absolutely NO travel rights and basically you have to beg immigration to give you work rights which I got when I attended DIBP at the Sydney Office. 

My father passed away while I was on the BVE and there was no human being in immigration who had compassion, so could not leave, I ended up attending my fathers funeral via skype. I got my partner visa approved in just under 11 months which I was quite surprised about. I got my grant 2 days a go, so I can finally travel and visit my father's resting place. So my advise once again is NOT to cancel your student visas guys!!!!!! Do the right thing and follow the visa process correctly because I didn't in the past and I am paying for the price, I was not able to say a last good bye to my dad!


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## Maggie-May24

BAQ said:


> My advise is NOT to cancel your student visa, I did that and was put on a BVE which is basically a prison sentence, or better its parole/bail without criminal records but you are free to walk around, absolutely NO travel rights and basically you have to beg immigration to give you work rights which I got when I attended DIBP at the Sydney Office.
> 
> My father passed away while I was on the BVE and there was no human being in immigration who had compassion, so could not leave, I ended up attending my fathers funeral via skype. I got my partner visa approved in just under 11 months which I was quite surprised about. I got my grant 2 days a go, so I can finally travel and visit my father's resting place. So my advise once again is NOT to cancel your student visas guys!!!!!! Do the right thing and follow the visa process correctly because I didn't in the past and I am paying for the price, I was not able to say a last good bye to my dad!


It has nothing to do with compassion. The legislation doesn't allow travel rights on your BVE and there's nothing a CO can do about that.


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## BAQ

Maggie-May24 said:


> It has nothing to do with compassion. The legislation doesn't allow travel rights on your BVE and there's nothing a CO can do about that.


Yeah of course because its not your father who passed away.


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## Maggie-May24

BAQ said:


> Yeah of course because its not your father who passed away.


My point was that even if the case officer sympathized with your situation, they can't change what the law allows them to do or not do..


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## ampk

BAQ said:


> Yeah of course because its not your father who passed away.


So if your father passed away (sorry he did - mine has too), how does that change the law?

The law is you can not travel on a Bridging Visa E - you for what ever reason decided that you wanted this visa and you happily took the visa as at the time it suited you and what you wanted.

I must say Bridging Visa E if it is your last resort is very clear on travel and you were fully aware and decided to accept those conditions.

I hope you did not apply for that Mars expedition - that also has travel restrictions - even if your mum dies.

But I am glad you are warning other potential applicants - it is not a good visa - E is for "Evil", I have said more than once.


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## dezzaonline

Hello, I have a question related to this topic. 

My partner is currently on a Student visa that expires in June, and we will apply for a Partner visa 820/801 prior to that. We understand he will be on a bridging visa A once his student visa expires, and until the 820 is granted. Does he still need to maintain the conditions of the student visa whilst on the bridging visa? From what I understand, he will be able to work unrestricted. And we both thought that he would not need to be enrolled in a course of study, but a friend has told us he must continue to study whilst on the bridging visa....so now, we are unclear. 

Any comments or advice would be appreciated. Thank you!


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## CCMS

Once the student visa expires and the BVA comes into effect, it should have NIL conditions.


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## dezzaonline

CCMS said:


> Once the student visa expires and the BVA comes into effect, it should have NIL conditions.


Thanks Nick!


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## BAQ

No one is asking you for your useless advice. Yes, I did apply for the Mars expedition, you got a problem with that?



ampk said:


> So if your father passed away (sorry he did - mine has too), how does that change the law?
> 
> The law is you can not travel on a Bridging Visa E - you for what ever reason decided that you wanted this visa and you happily took the visa as at the time it suited you and what you wanted.
> 
> I must say Bridging Visa E if it is your last resort is very clear on travel and you were fully aware and decided to accept those conditions.
> 
> I hope you did not apply for that Mars expedition - that also has travel restrictions - even if your mum dies.
> 
> But I am glad you are warning other potential applicants - it is not a good visa - E is for "Evil", I have said more than once.


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## bituon

Good Day all
I was wondering if anyone can help me clarify this. 
My student visa expired last May2,2018 however my course is not done yet my bridging visa (for my 820/801) as ive understood is activated. 
I still owe the school money and they are threatening to cancel my enrollment if i do not pay them emmediately. They told me my cancelled enrollment will have an ill effect on my partner visa application.
I was wondering if this is true.


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