Students often find that their personal circumstances change while they are studying. This blog covers what you need to know about applying for a partner visa whilst on a student visa in Australia, and whether the bridging visa can be activated before your student visa expires.
[Date: 1 April 2024]
When a student’s situation changes
Students are an important part of our community. As of January of 2024, there were more than 567,500 people on a student visa here in Australia. It is common for people studying in Australia, especially over several years, to find a partner during their time here.
We often receive inquiries from students about the possibility of applying for a partner visa whilst on a student visa and what this means for their right to work in Australia whilst their application is pending.
Switching from a student visa to a partner visa indicates a significant change is happening in your personal life and that you have established a more permanent relationship with a partner. Finding a partner and deciding to make a more serious commitment is exciting. However, you should make sure that your application for a partner visa will not cause any unexpected complications or jeopardise your longer-term future as a couple.
Can I move from a student visa to a partner visa?
Whilst you cannot do a direct swap of visas, you can apply for a partner visa whilst on a student visa (or most other types of visas). At the time of applying for your partner visa, you will automatically receive a Bridging Visa A (BVA). The BVA will be inactive at that time, and will only come into effect if your student visa expires before a decision is made on your partner visa.
It pays to research and ensure you understand the implications of applying for a spouse or partner visa. If you cancel your student visa because you intend to apply for another type of visa, you may breach your student visa conditions. A breach of visa conditions can result in a visa being cancelled or have other repercussions that will impact your options in the future.
Because each couple’s circumstances are unique, we recommend that students in Australia always get advice regarding their specific situation.
My BVA has better conditions attached to it – can I cancel my student visa to activate the BVA?
This is one of the most common questions we receive. The BVA which has been granted but is inactive may be more attractive to you because it may not limit the amount of hours you can work per week (as is the case with a student visa). However, it is not possible to cancel your student visa to activate the BVA. Cancelling the student visa generally has the following effect:
- your BVA is also cancelled. Your partner visa application will continue if it was lodged prior to the cancellation of the student visa, however, you will be unlawful. To rectify that, you will need to applying for a Bridging Visa E (BVE), which does not come with work rights by default. A separate application for work rights will need to be made and require you to establish the evidentiary burden that you will face financial hardship without the requested work rights,
~ - you will be unlawful (i.e. in Australia without a visa). Any time you spent in Australia prior to this cannot be used towards the residency requirement for a citizenship application (should one be made at a later stage),
~ - if you leave Australia whilst on a BVE, you will not be able to re-enter Australia as your BVE ceases as soon as you depart. In addition, you will face a 3-year exclusion period on all temporary visas unless you obtain a waiver (you need a visa to re-enter as you must be in Australia at the time of the grant of the partner visa).
Advice for students lodging an application for a partner visa
Are you a student considering lodging a partner visa? Or are you thinking of cancelling your student visa after applying for your partner visa? If so, contact Zed Legal to ensure you understand the implications of this action. We are experienced in Australian Immigration Law and will offer advice specific to your situation.
We will communicate your options to you clearly, accurately, and professionally, and without the confusing legal jargon.
Contact us if you need some assistance with your application for a spouse or partner visa, by emailing us at – [email protected]. Alternatively, you can book an appointment with us at www.zed.legal/booking/
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