HELP - Undecided Student Visas: What to Do If You’re Stuck in Limbo After Finishing Your Studies
Australia’s student visa system has been under increasing scrutiny in 2024, leaving many international students anxious about their futures. If you applied for a student visa early in 2024 and have now completed your studies, yet your visa remains undecided, you are not alone. The uncertainty can be overwhelming, especially if you have an Australian partner and are considering transitioning to a partner visa. In this article, we’ll explore your options and what steps you can take next.
Australia’s political landscape has been shifting towards tightening migration policies, particularly regarding student visas. With concerns about overstaying and visa integrity, processing delays and refusals have become more common. Many students who applied for visas early in 2024 are now stuck in limbo, unsure of their next move.
This situation has created significant stress for those who have completed their courses but still lack clarity on their visa status. Some are facing challenges securing work rights, while others are worried about the risk of being required to leave Australia despite their deep ties here.
If you find yourself in this situation, the good news is that you may have a viable alternative: the partner visa. If you are in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, transitioning to a partner visa could provide a more stable and secure pathway to remaining in Australia.
1. Bridging Visa Considerations
If you have lodged a valid visa application but are still waiting for a decision, you may be on a Bridging Visa A (BVA). This typically allows you to stay lawfully in Australia while your visa is processed, but work rights depend on the conditions attached to your previous student visa. If financial hardship is an issue, you may be able to apply for work rights under your bridging visa.
2. Schedule 3 Considerations When Applying for a Partner Visa on a Bridging Visa
If you are applying for a partner visa while holding a Bridging Visa, you may encounter Schedule 3 requirements. Schedule 3 is designed to discourage unlawful stays in Australia and can impose strict conditions on those applying for a visa after their substantive visa has expired. Unfortunately, Schedule 3 also scoops up those on Bridging visas and treats them the same as people who are unlawful.
To have Schedule 3 waived, you typically need to demonstrate compelling and compassionate circumstances that justify why you did not apply for a visa while still holding a valid substantive visa. Seeking professional migration advice is crucial in these situations, as failing to meet Schedule 3 requirements can result in your partner visa application being refused.
If you currently hold a Bridging visa A or B, there are options allowing you to apply for a partner visa, and then get a Bridging visa A or B to Stay in Australia while waiting for your partner visa to be granted. This is a very complex area of Migration Law, and not something I would recommend you attempt without our guidance as we have successfully helped about 20 couples navigate this particular area Allowing them to just be together in Australia despite the previous complications they have had with Bridging visas or past visa refusals.
A partner visa (subclass 820/801 for onshore applicants) allows you to remain in Australia based on your relationship. If you meet the eligibility criteria and can provide substantial evidence of your de facto relationship or marriage, this could be a strategic move to secure your residency in Australia.
Key Steps to Apply for a Partner Visa
- Gather Strong Relationship Evidence
- Evidence that you are currently living together
- Evidence showing your relationship’s decelopment
- Statements from family and friends confirming your commitment
- Check Your Bridging Visa Work Rights
- If your student visa conditions restrict work, apply for work rights based on financial hardship while awaiting your partner visa decision.
- Book a Consultation with Migration Australia
Given the complexities of applying for a Partner Visa, and your undecided Student visa getting professional advice is vital. One wrong mistake in the way you apply for your partner visa could result in a costly mistake and a visa refusal to deal with.
The Risk of Overstaying
One of the biggest risks international students face in this situation is inadvertently overstaying their visa. If your student visa expires and no new visa has been granted or applied for, you could face serious consequences, including restrictions on future visa applications. Lodging a valid partner visa application before your current visa expires is crucial to maintaining your lawful status in Australia.
What Should You Do Now?
- Check your current visa conditions and expiry date.
- Assess your eligibility for a partner visa with the help of an expert.
- Gather the necessary evidence to support your partner visa application.
- Stay informed about migration policy changes that could affect your options.
If your student visa is still undecided and you’ve finished your studies, don’t wait in limbo. Exploring your options, especially if you have an Australian partner, could help you secure a more stable future in Australia. The partner visa pathway offers long-term security, but preparation is key. At Migration Australia, we specialise in helping people navigate complex visa situations. Contact us today for professional guidance on your next steps!
Transitioning from an Un-decided Student visa to a Partner visa while you hold a Bridging visa can be complicated. However, settling here as a family—can be done smoothly with the right strategy, support, and timing.
For our clients, this has often started with a Visitor Visa to enter Australia, followed by an onshore Partner Visa or an Offshore partner visa application if you intend to live here together long-term. Throughout the process, being well-prepared, informed about costs, and meticulous with documentation will keep stress levels lower and help ensure the best outcome for you, your partner, and your baby on the way.
Why choose us?
We’ve been helping couples like you for over 12 years. We only take on applications that we think have a strong chance of success. We prepare everything thoroughly to make the best case possible. Our goal is to cover all the visa criteria and put your girlfriend’s best foot forward so the decision maker feels confident in approving her visa.
For more info on how to get started, feel free to reach out and book a consultation with us. We’ll walk you through everything and give you a clear plan to bring your girlfriend to Australia.
Congratulations on your growing family, and we wish you a safe and happy journey as you welcome your new baby in Australia!
Disclaimer: The information provided here is general in nature and does not constitute legal advice. Immigration rules and regulations may change, and individual circumstances vary. For advice tailored to your specific situation, consult a registered migration agent or immigration lawyer.