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Are you considering onshore voluntary cancellation of your student visa?

December 3, 2017

 

Student Visa - Voluntary Cancellation  - after applying for an Onshore Partner Visa ?

 

  1. Apply for Onshore Partner Visa (Subclass 820/801). A Bridging Visa A (BVA) is granted in association with your partner visa application. The BVA sits in the background until your student visa expires or is cancelled.
     

  2. Onshore student voluntary cancellation - Email your request for cancellation to the relevant student cancellation team. The service standard is 90 days to process requested student visa cancellations where the visa holder is in Australia. However, generally these cancellations are processed within 28 days of the request being lodged.

    a) Once the department accepts your request for cancellation, you will be sent a notice of intention to consider cancellation and you will be provided five working days to submit a written response. A written response will only be necessary if you decide not to continue with the cancellation request.

    b) You will be notified of the decision. If the decision is made to cancel your visa, you will be asked to attend one of the department’s offices to apply for a Bridging Visa E (BVE). You don’t need to attend the DIBP office until you have received notification that your visa has been cancelled.

    c) It is important to note that your BVA associated with your Partner Visa Application also gets cancelled once your student visa is cancelled. This means that you will not automatically get the BVA with work rights as it will cease due to the cancellation.
     

  3. You will then need to lodge an application for a Bridging Visa E (BVE). Your grant letter will tell you if you are allowed to work. If you are not allowed to work, there are only some circumstances where you might be able to apply for a new BVE that does allow you to work. For example, you might be in financial hardship if you cannot pay for the reasonable cost of your living expenses. However, it is important to note that on the Partner visa application your partner agrees to give you financial support, so this is something to take into consideration.

    a) Applicants who hold a BVE will have extra conditions to comply with and may receive check-up and monitoring calls from immigration. Regular attendances in person at the Department of Immigration may also be required.

    c) The BVE does not provide you with the permission to travel, so you won’t be able to travel while is application is being assessed by the department.

 

 

It is important to be aware of the risks associated with your voluntary visa cancellation:
 

  1. Possible no work rights (discretionary) as mentioned in step 3 above.
     

  2. Delay in applying for your Citizenship. It will start counting from date of BVE grant. If you are unlawful for any period of time due to cancellation, this will effect general residency requirements when it comes time to applying for citizenship which means that your time in Australia will be reset from when you obtain a new visa to meet the requirement for citizenship. So for example, if you have already been in Australia for 4 years, you will need to wait another 4 years to meet the residency requirement for citizenship from when your new visa is granted.
     

  3. From when the visa is cancelled, you may risk being unlawful until a BVE is granted.
     

  4. A record of cancellation or unlawfulness will create complications for future visa applications in Australia and also other countries as you will need to justify why your visa was cancelled or why you were unlawful, extra criteria will need to be satisfied in order for future visa applications to be approved.
     

  5. Sponsor declaration made at the partner visa application.

If you are considering voluntary student cancellation it is important to seek the help of a professional! We can help you navigate through the process

 

Send us an enquiry to:

 

Monica Fernandes

Registered Migration Agent (MARN 1463596)

M: 0419460674

E: visas@fernandesmigration.com.au 

 

Disclaimer: There might be other risks not mentioned in the article. We don’t recommend or encourage voluntary student cancellations for the risks mentioned above. However, the decision rests with the applicant. It is important that you make an informed decision if you do choose to go down this pathway. 

 

 

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E: visas@fernandesmigration.com.au
M: 0419 460 674
Westfield Chermside, WOTSO, Level 2, Chermside, QLD 4032
 
Registered Migration Agent 1463596 | Migration Agents Code of Conduct
@ Fernandes Migration  2017 | ABN: 65 629 316 759  
Please note that Fernandes Migration is not an incorporated legal practice and can only provide advice on the
Migration Act and Migration Regulations.
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