Can I stop studying in Australia once I apply for a Partner Visa?

Can I stop studying in Australia once I apply for a Partner Visa?

This question relates to those who hold a Student Visa and are studying in Australia. In most cases, the student making the enquiry has not yet finished their studies and so still has some time before their Student Visa expires.

In relation to this, a lot of people with Australian Student Visas who are going to apply for a Partner Visa ask us if they can STOP their studies once they have applied for their Partner Visa.

If you were to ask us this question, our answer would be that the decision is really up to you. However, it’s important to remember that while you hold a valid Student Visa, you need to follow the conditions of that Visa. This usually means you need to go to school/university, you need to remain enrolled, you need to keep your attendance up and you need to pass your subjects, among other things.

What happens to my Student Visa if I stop studying?

If you stop studying and as a result, you are no longer following the rules of your visa, you may find yourself in the position where your visa is cancelled and you end up without a Student Visa, and an ‘unlawful’ status. This could then result in you being on what’s called a ‘Bridging Visa E’. The tricky thing about this is that the ‘BVE’, allows you to stay in Australia lawfully for a specified time. It will end immediately if you leave Australia. If you leave Australia, you will not be able to return unless you have another substantive visa.

In short, ending up in a position where your student visa is cancelled and/or you are unlawful or the holder of a Bridging Visa E is not a great situation to be in.

What’s the best thing to do if I want to apply for a Partner Visa while on a Student Visa?

My advice in answer to this question would be to make sure that if you are lodging a Partner Visa, you can afford to continue with your studies as well. In addition, because this is a complex situation which could potentially lead to the cancellation of your visa if you cease complying with the conditions of your student visa, it’s really important you get one-on-one advice before making any big decisions about either lodging your Partner Visa application or stopping your studies.

Please feel free to contact us if you’d like to discuss this further or if you need any advice, we’d love to help, we also have a really helpful Partner Visa FAQ Pag.

 

Please Note: This does not constitute immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.

  • matt says:

    hi. I am currently on a student visa studying. however I met my partner last November and she is pregnant now with our first child. I would like to transfer to a defacto/partnership visa as she is a permanent resident. however my course doesn’t finish until aug 2020. is it possible to switch over now?

  • Red says:

    is it possible to study short course from Master while I’m in a student visa at the same time I’m in partner visa bridging A, but it will only be active after my student visa expired, I’m planning to change a short course coz studying Master is too expensive. Is it possible?

  • Sarah says:

    Hello! I am on a student visa for one and a half year and I am thinking of applying for a De facto visa in about 6 months. I want to keep studying and get my diploma but I was wondering if it was possible for me to get a temporary visa while on a student visa? Are they both substantive visas? Does the Temporary cancel the Student but my rights remain the same regarding my studies? Will my working conditions change as well? Will I be able to work more than 40 hours a forthnights?

    Also- I have been married and got divorced (January 2019) to an Australian citizen, we did’nt apply for any visas but we went to an immigration agent and she prepared our case (without logging it though). Since then I am with my current partner and we would love to apply around June for the De facto visa but I am scared that the fact I got married/ divorced will affect my De facto application?

    Thank you:)

    • Emma Drynan says:

      Hi Sarah, Your situation is a bit more complicated than a standard application. I would love to help answer your questions but its very difficult to give you an accurate answer without getting more details from you. Can you give our office a call on 07 3063 1200 and we will be able to get you answers to all these questions.

  • Camy says:

    Hello EMMA!

    Im currently in a student visa, that expires on October 2020, me and my partner are planning to jump on the partner visa. Would you recommend to cancel the student visa and go to a visitor visa while waiting for the Bridging visa ? Is that a possibility?

    Thanks a lot for your time.

    • Emma Drynan says:

      Hi Camy, this is the perfect time to get in touch with us! We can give you a clear plan on what you can do in this situation, give our office a call 07 3063 1200.

    • Emma Drynan says:

      Hi Camy, this is the perfect time to get in touch with us! We can give you a clear plan on what you can do in this situation, give our office a call.

  • Ash says:

    Hi, I’ve got an enquiry about my friend’s case…

    Student Visa expires March 2020
    COE until July 2020
    Bridging Visa A (820 Visa) takes effect after SV expires March 2020…

    Question: can that person stops studying once BVA takes effect (i.e. not enrol for the next semester after March 2020)? Would there be any technical issues as to not complying student visa conditions?

    Hope you can really help or enlighten please… Thanks heaps

    • Emma Drynan says:

      Hey Ash, sorry but we don’t normally work with student visas. If you need a referral for someone who can help you, let us know.

  • lilli says:

    hi
    i am currently on a my 2nd working holiday visa and have been with my australian partner for almost 9 months.i am in the process of applying for a student visa but have not yet sent it all off .as we are also wanting to apply for a partner visa before my student visa runs out .my question is should i apply for a student visa or go straight for a partner visa now. even though we are not yet 12 months together

  • About the Author Emma Drynan

    I am the founder and principal migration agent at Freedom Migration. I am extremely passionate about uniting partners and families with their loved ones overseas. It might be because I’m the product of a partner visa family.

    follow me on:
    >