# Voluntary cancellation of student visa



## pippa_piper (Oct 14, 2017)

Hi all,

My partner and I are planning to apply for a de facto visa (we've been together 4 years and think we have a good case). I'm currently on a student visa, but, due to various reasons, am unable to finish my course. From looking through these forums, I've learnt that because my student visa will be cancelled, any bridging visa that comes with the de facto application will be cancelled too. 

As such, I think the best course of action for us is for me to leave Australia, apply to voluntarily cancel my student visa, and once that's cancelled, come back on a tourist visa and put in the de facto application... It sucks that I have to leave my partner, but this makes so much more sense that being unlawful temporarily and applying for bridging visa E

My question is this - 

My student enrolment will cease on the 5th of November. I'm trying to clear up all my matters in Australia ASAP so I can return to my home country and put in the application to cancel my student visa. I read that it takes 2-4 weeks for that application to process. If my application to voluntarily cancel my student visa isn't fully processed before the University informs DIBP that my CoE is no longer valid, will the DIBP immediately force a cancellation of my visa? i.e. will it be registered that my visa was forced cancelled rather than voluntarily cancelled? I was just planning to let my student enrolment run till the 5th of Nov to give me the most time to get the voluntary visa cancelation processed. But does it make more sense for me to withdraw from uni?

Sorry for the long message, any advice is greatly appreciated


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## Mania (Sep 7, 2016)

Immigration usually give you a period to respond if they intend to cancel your visa.

Are you sure that your visitor visa won't have a no further stay condition attached?


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## pippa_piper (Oct 14, 2017)

Hi Mania,

Thanks for the quick response. So if I understand correctly, I should have no problems voluntarily canceling my student visa before the visa gets cancelled on me?

No, we can't guarantee that a visitor visa won't have that "no further stay" condition. But with our situation, we can't see a better option than this route. Worse case scenario, we'll have to do an offshore de facto application... Does anyone have any suggestions? I just can't afford to be on the bridging visa E while waiting for the de facto application to be processed. I also don't want to become unlawful, even if for a few hours, as I believe this will cause more repercussions in future. We love to travel so this won't be our last visa application..


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## Dawgreen (Sep 30, 2017)

If it's only a month before your student visa lapses then get the defacto in ASAP and you'll get your BVA that starts when your student visa ends, I couldn't afford to wait the 7 months before my family visit visa ended so once my defacto was in and had a BVA i cancelled my family visa went to DIPB the next day and was granted a BVE and applied for work rights which i now have . Although you've only got a few weeks . Seems like you've waited a bit too long .


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## pippa_piper (Oct 14, 2017)

Hi Dawgreen,

Unfortunately, like I mentioned, I'm unable to finish my course, so my student visa will be cancelled rather than lapse. We were planning to apply for a de facto visa once my studies ended (it'd would have taken a few months for my final project to be assessed so we would have time then). However, we realised that with a month left, I won't be able to finish my final project. We thought that when we applied for a de facto visa, the bridging visa would kick in when my student visa gets cancelled. We didn't know that due to the visa being cancelled, the BVA gets cancelled as well.


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## Mania (Sep 7, 2016)

As long as you don't breach the conditions of your visa then you shouldn't have too much to worry about in terms of cancelation.

You may still have a financial commitment to wherever you are studying regardless of a visa cancellation.

Have you had a chat with a RMA about your options?

Can you confirm what you mean by you can't afford to be on a BVE, is this due to financial constraints or the loss of the ability to travel?

The repercussions to becoming unlawful are mainly around citizenship eligibility time - is this your concern?


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## Mania (Sep 7, 2016)

Oh and may I ask why you can't complete your studies, (for no other reason then I'm nosy).


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## pippa_piper (Oct 14, 2017)

Hi Mania, 

Thanks for all the advice. Yep, I understand about the financial commitment, and will pay off all my fees prior to leaving the country. We've called a migration lawyer and the two options he stated was to 

1) leave the country and try and come back as a tourist and lodge our application then 

or 

2) get the bridging visa E

Neither are ideal, but like I mentioned, option 2 is the worst option. Yep, financially it'll be too much of a drain. I read that it's not easy to get the "no work" clause of bridging visa E lifted, especially since my partner does hold an ok job. I mean, if I don't work, we can scrap by, but it'll be a very stressful year or however long it takes for the application to be processed and I just don't want to put that burden on him. Furthermore, the lost of ability to travel is too risky for me. I have family members back in Singapore who have health issues and I don't want to take the risk of not being able to go back to Singapore if any need arises. I'm not concerned about citizenship eligibility time. I intend to keep my Singapore citizenship. However, I don't want any unlawful status or visa cancellation to affect my application for future visas. I feel like it'll reflect badly on any application I make, even if I just want a tourist visa to another country in future. 

Thinking long term, if I can get a tourist visa to come back to Australia (hopefully since Singapore isn't a high-risk country), I'll be apart from my partner for 2-3 months, but after that, I'm free to work, can apply for a BVB to travel back to Singapore if necessary, and won't have that blemish of a forced visa cancellation and being unlawful on my permanent record. It just seems logical.

But of course, it's also really stressful and I'm trying to understand how to work within the Australian immigration policy. That's why I came to this forum. 

As for my circumstances, well, I've been working on a research project for my studies, but had some health issues which affected my ability to finish this project. I intend to keep working on my project, and my professor is very supportive. However, I just can't finish it in time for submission by my due date. So I need to let my student enrolment end, and reenrol to submit my project when that's finished next year. Which hopefully I can do if I'm on the bridging visa...


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## al_ghazal (Nov 19, 2016)

Mania said:


> A
> The repercussions to becoming unlawful are mainly around citizenship eligibility time - is this your concern?


This is bad advice, the implications extend further than that including, impeding your ability to get visas to other countries at a later date. Pippa is definitely doing the right thing trying to avoid becoming unlawful, and being issued a BVE.

Pippa, as long as you notify DIPB as soon as you withdraw from your course (do it in writing using the official form), you shouldn't have to worry about when DIBP receives your cancellation of CoE notice. Even if they haven't yet processed your voluntary cancellation, you will be able to refer back to the notice you provided to demonstrate you did everything reasonably possible to tell them and in doing that are meeting the requirements of your student visa.

Sorry to hear about your situations but I'm sure it will all work out the best. There was a case here recently of a (offshore) partner visa being processed in Singapore in just a few weeks. They definitely seem to be one of the more efficient overseas offices so even if you don't have the visa in a few weeks, it's very possible you'll get it quickly.


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## Mish (Jan 13, 2013)

al_ghazal said:


> This is bad advice, the implications extend further than that including, impeding your ability to get visas to other countries at a later date. Pippa is definitely doing the right thing trying to avoid becoming unlawful, and being issued a BVE.


A BVE means that the person has been unlawful. If you call it unlawful/BVE they both mean the same thing in regards to citizenship times as they reset the citizenship start time.


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## amehayashi (Jan 30, 2017)

You probably can get the ETA (visa 601) right after your student visa is cancelled. It only takes minutes to be granted and shouldn't come with any no further stay conditions (based on personal experience applying from Singapore).

The 309 application is taking more than a few weeks at the moment. If you want the option to apply through Singapore, get all your personal documents certified in Australia before you leave. Singapore notary public fees start from $75 and they will ask for certified documents.


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## al_ghazal (Nov 19, 2016)

Mish said:


> A BVE means that the person has been unlawful. If you call it unlawful/BVE they both mean the same thing in regards to citizenship times as they reset the citizenship start time.


They may mean the same thing in respect to citizenship, but there is a difference between being on a bridging visa E and having an expired or invalid visa.


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## Mania (Sep 7, 2016)

al_ghazal said:


> This is bad advice, the implications extend further than that including, impeding your ability to get visas to other countries at a later date. Pippa is definitely doing the right thing trying to avoid becoming unlawful, and being issued a BVE.
> 
> Pippa, as long as you notify DIPB as soon as you withdraw from your course (do it in writing using the official form), you shouldn't have to worry about when DIBP receives your cancellation of CoE notice. Even if they haven't yet processed your voluntary cancellation, you will be able to refer back to the notice you provided to demonstrate you did everything reasonably possible to tell them and in doing that are meeting the requirements of your student visa.
> 
> Sorry to hear about your situations but I'm sure it will all work out the best. There was a case here recently of a (offshore) partner visa being processed in Singapore in just a few weeks. They definitely seem to be one of the more efficient overseas offices so even if you don't have the visa in a few weeks, it's very possible you'll get it quickly.


It wasn't advice, but a question to understand where the person is coming from


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## al_ghazal (Nov 19, 2016)

Mania said:


> It wasn't advice, but a question to understand where the person is coming from


 I was referring to was this statement: "_the repercussions around being unlawful are mainly around citizenship_'  . You may not have intended it to be advice but that's how it comes across and I think it's important that people get the full picture before making a decision  .


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## pippa_piper (Oct 14, 2017)

al_ghazal said:


> Pippa, as long as you notify DIPB as soon as you withdraw from your course (do it in writing using the official form), you shouldn't have to worry about when DIBP receives your cancellation of CoE notice. Even if they haven't yet processed your voluntary cancellation, you will be able to refer back to the notice you provided to demonstrate you did everything reasonably possible to tell them and in doing that are meeting the requirements of your student visa.


Thanks for all the advice guys! It's reassuring to hear that we're making the best decision and that I should be able to get the ETA (visa 601) without too many issues.

Al_ghazal, you mentioned that I should inform DIPB when I withdraw from my course using the official form, is this a Form 1194 - Request to cancel a temporary resident visa, or is there another form?


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## Mish (Jan 13, 2013)

Just be prepared that you may not be able to get a tourist visa to return on. DIBP are known to reject tourist visas where a person has spent considerable time in Australia.


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## Mania (Sep 7, 2016)

al_ghazal said:


> I was referring to was this statement: "_the repercussions around being unlawful are mainly around citizenship_'  . You may not have intended it to be advice but that's how it comes across and I think it's important that people get the full picture before making a decision  .


It needs to be taken in context with the thread. The OP has already highlighted their concerns around further visa applications so it can be taken that they already understand this and that it can go without saying. Without having the full picture from the OP and the reservations you can't determine as to what the best direction to point them in is, hence the need to ask the questions.

A sentence followed by a "?" Is clearly not advice and the statement made still holds true. The ***main*** (hence the use of the word mainly) issue around a BVE for someone wishing to go down the partner route is the citizenship delays. Impacts on future visa applications are usually a secondary effect to the persons goals which are PR for Australia and minimising the time spent away from their partner.

Dissemination and analysation of one line in a conversation out of context can easily be viewed in a different light. Had the statement been "A BVE is the best route for you" that would have been bad advice without having further information.

(And for the record as you can see from Pipers reply it was taken as a question and the response was given - from Pipers response their reservations with the visa are clear and it becomes obvious that the BVE is not a route to be further mentioned.)

Perhaps before jumping on a thread saying "that's bad advice" when someone asks a question wait for the following post from the OP to come thru and then see what the response is...as my question was clearly understood by the OP as intended and my response would now be very similar to the one above as per what Mish has put.

For the record the BVE isn't always a bad route to go, it depends entirely on the persons circumstances and goals.


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## Skybluebrewer (Jan 15, 2016)

amehayashi said:


> You probably can get the ETA (visa 601) right after your student visa is cancelled. It only takes minutes to be granted and shouldn't come with any no further stay conditions (based on personal experience applying from Singapore).
> 
> The 309 application is taking more than a few weeks at the moment. If you want the option to apply through Singapore, get all your personal documents certified in Australia before you leave. Singapore notary public fees start from $75 and they will ask for certified documents.


No need to certify anything if applying online exceot for F888s and that's done by the people supplying them.


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## Skybluebrewer (Jan 15, 2016)

And yes even though the ETA is an option, you may not be able to use it... will someone who has spent so much time in Australia already, coming off of a cancelled visa, be a genuine tourist (which is what the ETA is used for)? 

Not only that, but consider the CO looking at your app in the future. After a cancelled application, you used an ETA to reenter and apply for a partner visa. That would look very much like you're doing anything to stay in Oz.

Personally, I'd just apply offshore.


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## pippa_piper (Oct 14, 2017)

Skybluebrewer said:


> And yes even though the ETA is an option, you may not be able to use it... will someone who has spent so much time in Australia already, coming off of a cancelled visa, be a genuine tourist (which is what the ETA is used for)?
> 
> Not only that, but consider the CO looking at your app in the future. After a cancelled application, you used an ETA to reenter and apply for a partner visa. That would look very much like you're doing anything to stay in Oz.
> 
> Personally, I'd just apply offshore.


Hi Skybrewer,

Applying offshore would be our backup plan, should I not get an ETA, but that's not ideal.

I'm not too worried about it looking like I'll do anything stay in Oz, I mean, it's true really. My partner and I have been together for four years, and lived together for two. We have a dog together, which may not seem much to others, but to us, we're a family of three and I can't bear to be apart from these two for potentially over a year. My life is in Australia, I would be so lost while we're apart...


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## al_ghazal (Nov 19, 2016)

pippa_piper said:


> Thanks for all the advice guys! It's reassuring to hear that we're making the best decision and that I should be able to get the ETA (visa 601) without too many issues.
> 
> Al_ghazal, you mentioned that I should inform DIPB when I withdraw from my course using the official form, is this a Form 1194 - Request to cancel a temporary resident visa, or is there another form?


I would think it's Form 1022 'change of circumstances' but one of the more experienced members around here might have more definitive advice. Whatever means you use to notify the department I'd suggest also telling them of your intention to leave the country (anticipated departure dates etc).



Mania said:


> It needs to be taken in context with the thread. The OP has already highlighted their concerns around further visa applications so it can be taken that they already understand this and that it can go without saying. Without having the full picture from the OP and the reservations you can't determine as to what the best direction to point them in is, hence the need to ask the questions.
> 
> A sentence followed by a "?" Is clearly not advice and the statement made still holds true. The ***main*** (hence the use of the word mainly) issue around a BVE for someone wishing to go down the partner route is the citizenship delays. Impacts on future visa applications are usually a secondary effect to the persons goals which are PR for Australia and minimising the time spent away from their partner.
> 
> ...


Lol ok chief. You keep doing you


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## Mania (Sep 7, 2016)

pippa_piper said:


> Hi Skybrewer,
> 
> Applying offshore would be our backup plan, should I not get an ETA, but that's not ideal.
> 
> I'm not too worried about it looking like I'll do anything stay in Oz, I mean, it's true really. My partner and I have been together for four years, and lived together for two. We have a dog together, which may not seem much to others, but to us, we're a family of three and I can't bear to be apart from these two for potentially over a year. My life is in Australia, I would be so lost while we're apart...


Looking like you will do anything to stay in Aus is one of the swiftest way to have visitor based applications refused


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## pippa_piper (Oct 14, 2017)

Mania said:


> Looking like you will do anything to stay in Aus is one of the swiftest way to have visitor based applications refused


I know, but I also have genuine reasons to come back as a visitor... We didn't know that this situation will arise, so my partner and I already have tickets to some bands and musicals and stuff dotted through the next few months. If I'm granted and ETA and subsequently questioned, I can make a case for being a genuine tourist. If an ETA is refused on the grounds that I've been in Aus too long, we'll have to apply offshore.

When I said I wasn't too worried about looking like I'd do anything to stay in Aus, it was in response to Skybluebrewer's comment that that may affect my de facto visa application, the implication I think being that the government may think that I'd fake a relationship to stay in Aus. But we've a genuine relationship and evidence going back four years, so in that situation, with regard to the de facto visa application, I don't think it'll reflect negatively that I do want to stay in Aus.


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## Mania (Sep 7, 2016)

pippa_piper said:


> I know, but I also have genuine reasons to come back as a visitor... We didn't know that this situation will arise, so my partner and I already have tickets to some bands and musicals and stuff dotted through the next few months. If I'm granted and ETA and subsequently questioned, I can make a case for being a genuine tourist. If an ETA is refused on the grounds that I've been in Aus too long, we'll have to apply offshore.
> 
> When I said I wasn't too worried about looking like I'd do anything to stay in Aus, it was in response to Skybluebrewer's comment that that may affect my de facto visa application, the implication I think being that the government may think that I'd fake a relationship to stay in Aus. But we've a genuine relationship and evidence going back four years, so in that situation, with regard to the de facto visa application, I don't think it'll reflect negatively that I do want to stay in Aus.


Perfect - Looks like you know exactly where you plan to go and the drawbacks of each potential option


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## amehayashi (Jan 30, 2017)

Skybluebrewer said:


> amehayashi said:
> 
> 
> > You probably can get the ETA (visa 601) right after your student visa is cancelled. It only takes minutes to be granted and shouldn't come with any no further stay conditions (based on personal experience applying from Singapore).
> ...


Certified personal documents is a Singapore-specific requirement. Individual embassies can apparently add further conditions above what DIBP requires. My advice is given based on personal experience because I used the generic advice given here and had to pay to get my documents certified in Singapore when I could have gotten them certified for free in Australia.


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