When a Student's Situation Changes
As of January 2024, over 567,500 individuals held student visas in Australia. It is typical for students to establish romantic relationships during their Australian education, and Zed Legal frequently receives inquiries from student visa holders regarding the feasibility of applying for partner visas while maintaining their current status.
Can I Move from a Student Visa to a Partner Visa?
While simultaneous visa switching is not possible, applicants may submit a partner visa application while holding most other visa categories, including student visas. Upon lodging the partner visa application, applicants automatically receive a Bridging Visa A (BVA), which remains dormant initially. The BVA activates only if the substantive student visa expires before the partner visa receives a determination.
Understanding the consequences of switching visa categories is essential. Should applicants cancel their student visa intending to pursue another visa type, they risk violating their student visa conditions, which can result in cancellation or create complications affecting future immigration prospects.
Can I Cancel My Student Visa to Activate the BVA?
The inactive BVA may appear more appealing because it typically imposes no weekly work hour restrictions, unlike student visas. However, cancelling a student visa to activate the BVA is not permissible. Cancelling the student visa generally produces these outcomes:
- Your BVA is also cancelled. Although the partner visa application continues if lodged before student visa cancellation, applicants become unlawful. Remedying this requires submitting a Bridging Visa E (BVE) application, which lacks default work authorisation.
- You will be unlawful – residing in Australia without valid visa authorisation. Pre-cancellation Australian residence cannot count toward citizenship residency requirements.
- If applicants depart Australia while holding a BVE, re-entry becomes impossible because the BVE expires upon departure, and a three-year temporary visa exclusion applies.
Advice for Students
Students contemplating partner visa applications, or those considering cancelling their student visas, should contact Zed Legal. We communicate options with clarity, accuracy, and professionalism, avoiding complex legal terminology. For assistance, contact us at hello@zed.legal.