Applying for Partner Visa While on Student Visa

I've tried searching home affairs and have not been able to reach them via phone. I've been told that if I apply for a partner visa now it won't matter as I have to wait until my current student visa expires.

Has anyone been in a similar situation and have any advice?

Comments

  • +2

    yes thats correct. the visa wouldnt kick in before your tourist visa expires.

    • -6

      Do you have any authoritative source on this?

      • +9

        after applying a partner visa, there is no immediate grant or reject.
        you will get a bridging visa until a decision has been made.

        a bridging visa will only takes place when your current visa expires.

          • +2
              • +22

                @deme: With that attitude, I don't see anybody investing any time to assist you further, Google's probably your best hope now.

                • @Gronk: I broke your comment. I appoligise.

                  • @Slippery Fish: Hahaha all good, you're a more patient person than I am - there's no way I was going to invest any of my personal time helping someone who's carrying on like a spoiled brat.

              • +7

                @deme: Now you can appoligise to that guy. His link if you spent 3 mins like me lead to this…

                https://immi.homeaffairs.gov.au/help-support/who-can-help-wi…

                Seriously feel bad for whom ever is your other half if that's how you deal with others.

                Be friendly.

            • @PissLUR: Much appreciated, buddy.

              Your answer is down-to-earth. Good job

          • +4

            @deme:

            to me you are just a random person

            But you've come to a forum asking random people for help …. what did you expect?

          • @deme: You need to spend money on an immigrant agent or lawyer. The regs are complex and change all the time.

          • +9

            @deme: You are rude.

            Please do not argue English is not your first language. I was born overseas but I am grateful for what Aussie offer.

            You take others help for granted. That is attitude issues.
            It is my first time to post a comment. If English is hard for you to learn, please learn manners.

      • +2

        It doesn't explicitly say it, you'd have to ask them. I've had a family member apply for it around 2 years ago, and he is correct, it starts after the tourist visa expires.

        Edit: most relevant link I could find

        A Bridging visa A (BVA) comes 'in to effect' when:

        it is granted (if your substantive visa has ceased since applying for the BVA or the BVA is more beneficial than your current bridging visa)
        your current substantive visa ceases
        another bridging visa that is more beneficial than your current bridging visa ceases

        https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-li…

        Lol not actually that relevant, but it's kinda saying that you remain on your current visa until it expires

        • Thanks so much for this this is really helpful

  • -6

    Just claim sexual abuse or harrasment and the papa gubment will give your permanent residency for free!
    Though it only works if you are a female.
    A bit sexist, I know, but sexism doesn't apply to women.

    • -2

      This is dumb

      • +1

        I heard some Filipino and Thailand girls explaining how they done this.
        They come to Australia usually for some old fatso aussie man, marry him, apply for partner visa, get bridging visa and then claim sexual abuse/harrasment. She gets 2 signatures from her friends to """confirm""" the story and bam, you can enjoy life with bridging visa and then get your easy permanent visa once the 21 months of processing your partner visa application comes to an end and they find your claim for sexual harrasment/abuse.

        Worst thing is they talked about this in a very positive way like they are so proud they accomplished it.

        Funnily enough I also met one man on a construction site that I worked with for a couple of days that said the same story from his perspective.
        He said it was soul crushing when he woke up and his missus was missing for no reason and he found out that he is now a sex offender. His job prospects were also ruined completely I imagine.

        • +1

          an old mate who is a truckie had this happen to him also faced criminal charges lost a lot of money defending etc they were married 6 weeks

          yet he did nothing wrong? ex wife went to live with her bf who was already here waiting what a scam

    • +2

      Rubbish.

      To get a permanent visa on domestic violence grounds you need a protection order issued by a magistrates court.

      Or you need sworn affidavits from domestic violence community workers, letters from doctors and police reports and even then the department will likely reject an application.

      Your "mate on a building site" would not be convicted of a sexual violence offense unless it had been proven beyond a reasonable doubt in court - not because "She gets 2 signatures from her friends to """confirm""" the story".

      Try not to imagine so much mate…

  • -1

    if I apply for a partner visa now it won't matter as I have to wait until my current student visa expires.

    Also you'll be on the same visa conditions for student visa while you are on bridging visa (restricted working hours).

    • Are you sure this is the case I was advised by the migration agent that the only restriction was you are not eligible for welfare which is fine but you would be eligible for Medicare and thus Medicare levy tax.

      • +5

        If you are already paying a migration agent then they will give you better answers than random people on a bargain forum…

        Having gone through this recently for my partner, yes, your bridging visa gets the same conditions as your current visa, unless you then apply for a different bridging visa.

        Once you get your provisional resident (820) granted then you are eligible for medicare and liable for the tax. Until then you can get a certificate each year that exempts you from the tax - the instructions are in the etax tool when submitting your tax return.

        Pretty much everything you need to know is here: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-li…

    • From recent experience this is not necessarily correct. You may get the same work rights or have no restrictions. My experience was no more restrictions on bridging visa.

      • You may get the same work rights or have no restrictions.

        "May" is dependent on the visa you were on. OP is probably going to tell their migration agent the wisdom of the crowds says the migration agent is wrong.

        • 'May' is having 2 people under exactly the same circumstances receive different results in regards to work restrictions of their bridging visa. This is based on my experience and those of my friends, not opinion.

    • This is wrong.

      You are not restricted.
      We use an agent at the moment and some of their staff previously worked for immigration.

  • +3

    I can give you some general info, which are all available online on the Home Affairs website.

    If you are currently on a student visa, say it expires on 15 March 2021, and you apply for a partner visa on, say 1 July 2020, you will be granted a bridging visa straight away. BUT the bridging visa won’t come into effect until your EXISTING visa expires.

    In other words, the bridging visa will just sit in the background waiting for your student visa to expire on 15 March 2021. Until then, you will still need to fulfil your student visa obligations.

    As far as I know, you will not be eligible for Medicare until the bridging visa comes into effect. Best confirm with Medicare, but make sure you tell them you’re still on the student visa but have applied for a partner visa.

    But like other people have pointed out, you have an attitude problem. Even if you don’t appreciate other people’s help, you don’t need to be rude.

    • +1

      Many thanks. I also learned and ready to teach my dad how to apply for partner visa.

      Love your writing style;)

  • +1

    I just want to add regarding Medicare (everybody else is correct regarding bridging visa inactive until temp visa expires).

    My wife is in this exact scenario (she is international student currently waiting for spouse visa application to finish).

    She has a Medicare card and I believe you can apply for one using the application number of the spouse visa.

    If you have any questions feel free to ask me in regards to the application etc.

    We're expecting my wife's PR later this year (hopefully corona doesn't delay it).

    • Bridging visa = medicare card. Partner received a blue medicare card and was able to access healthcare under bulk billing for no upfront cost and was amazed as he wasn't even a citizen at the time.

    • Can confirm this is correct as my partner is in the exact same scenario.

      As I also said in my previous comment we are using an agent that have staff members that previously worked at immigration office so I think they would know what they are talking about.

  • OP, call a registered migration agent/lawyer and get some professional advice on this if the matter is very important to you. It's usually free if it's just a simple question. Too much misinformation here.

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