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  • Writer's pictureSteven Khanlou

Avoid the Mistake of Cancelling Your Student Visa

Countless students have approached We Access Global Migration with a pressing question: what happens if I cancel my student visa while applying for a partner visa? This problem arises from a desire to bypass the limitations of their student visa, particularly the work restrictions, and seamlessly transition to employment in Australia while awaiting partner visa approval.

It's important to note that you can withdraw your visa application at any time before a decision is made, but doing so after a decision has been reached may lead to complications. When applying for another visa while in Australia, such as a partner visa, you will likely be granted a Bridging Visa A (BVA) or another Bridging Visa depending on your current visa status. These bridging visas come into effect once your current visa expires. However, if you cancel your student visa to apply for another onshore visa, your bridging visa will not be activated.

Cancelling your student visa means you won't be able to stay on the Bridging Visa associated with your new visa application, as it was granted based on your previous student visa. Consequently, if your student visa is cancelled, your Bridging Visa will also be cancelled, leaving you unlawfully present in Australia.

In such a scenario, the only visa you can apply for is a Bridging Visa E (BVE) to avoid being in Australia unlawfully. However, the BVE does not automatically grant you work rights. To request work rights, you must demonstrate financial hardship and meet specific criteria. Additionally, with a Bridging Visa E, you cannot apply for a Bridging Visa B to temporarily leave Australia and return. This means that if you leave Australia while on a BVE, you may not be allowed to re-enter, regardless of any emergencies or family situations in your home country. While the Department typically grants a BVE promptly to prevent unlawful status, any period of unlawfulness due to visa cancellation can impact your eligibility for citizenship. Your residency requirement for citizenship will reset from the time you obtain a new visa, potentially prolonging the process (waiting another 4 years).

Moreover, a record of visa cancellation or unlawfulness can pose challenges for future visa applications in Australia and abroad, requiring explanations for the circumstances. Therefore, it's crucial to carefully consider the implications before cancelling your student visa to apply for another visa. Ceasing your studies can result in a breach of your student visa conditions, potentially leading to visa cancellation and significant consequences.

Book a consultation with We Access Global Migration to receive personalized assistance tailored to your needs. We look forward to welcoming you to our office soon!

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