georgepeter Posted November 26, 2014 Share Posted November 26, 2014 Hello, Currently, I have a student visa (572) which will finish in Jun 2016. However, I am planning to apply for a 485 visa through Graduate Work Stream in march 2015. Could you please explain to me if I can keep my student visa until a decision is made on my 485 application ? OR As soon as I apply for 485 visa, my student visa will be cancelled automatically ? In addition, will there be any travelling restrictions for me while my application will be in process ? Thanks, George Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 26, 2014 Share Posted November 26, 2014 If you lodge a valid application for a 485 you will be granted a bridging visa A that will take effect when your student visa expires. Applying for a 485 will not affect you student visa, the grant of a 485 will cancel it. Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted November 26, 2014 Share Posted November 26, 2014 When you apply for a 485 Graduate visa, you will be granted a Bridging visa A that will enable you to stay in Australia if your Student visa expires before a decision is reached on your 485 application, but it only takes effect when your Student visa expires. Until then, your Student visa remains in place and has the same work and travel rights as at present. If your Student visa expires and the BVA takes effect, it has no travel rights. If you want to travel overseas and your BVA has taken effect or if it will (or is likely to) take effect while you are overseas), you will need to get a Bridging Visa B as that is the only BV with the right of re-entry to Australia. Quote Link to comment Share on other sites More sharing options...
georgepeter Posted November 27, 2014 Author Share Posted November 27, 2014 Many thanks for replies........... One more question though.................... After applying for a 485 Graduate visa, can I also apply for a spouse visa (i.e. "application for a visa to bring my wife from overseas to Australia while I am on student visa") as my student visa will be valid (as mentioned in replies above). The application of spouse visa will be treated by immigration based on my student visa ? I guess the application of 485 visa (until it is granted) will NOT have any impact on spouse visa application. Regards, George Quote Link to comment Share on other sites More sharing options...
blossom Posted November 27, 2014 Share Posted November 27, 2014 Your partner would not be eligible for a spouse visa. They are for people who are married to australian citizens or perminant visa holders. You can apply to have her added as your dependant on your student visa. Did you include her on your 485 application? Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted November 27, 2014 Share Posted November 27, 2014 (edited) Your wife (not you) would be the applicant for the Student Dependent visa -it is not a 'spouse' visa - only Australian citizens and PRs can get them. Getting her onto your 485 is another matter. You can only include her on your 485 application if she in Australia when you apply, but given that Student Dependent visas are taking a long time (6+ months) if applied for from some countries, that may not be possible. If she can't be included on the initial visa application, she can only apply AFTER you have been granted the 485 though she can be onshore or offshore to do so. AFAIK, a potential problem is that if she gets a Student Dependent visa, she can only apply after her it has expired (your 485 grant will cancel her Student Dependent visa) so she will either need to apply and wait overseas during the processing time or if she applies in Australia (assuming she is able to do so), she will be on some kind of very restrictive Bridging visa with no work or travel rights (and no eligibility for a BVB to provide travel rights). I suggest that you consult a good RMA for advice before you do anything. There may be an order of approaching things that avoids some of the problems. Edited November 27, 2014 by Ozmaniac Quote Link to comment Share on other sites More sharing options...
georgepeter Posted November 27, 2014 Author Share Posted November 27, 2014 Many thanks for the valuable comments. 1) Do you know any good RMA for an advice on my case. 2) Moreover, please comment on the average processing time on 485 applications. Currently, on the immigration website, the time is mentioned as 12 weeks approximately. Does it take 1 year as an average processing time ? I really appreciate your comments. Regards, George Quote Link to comment Share on other sites More sharing options...
georgepeter Posted November 27, 2014 Author Share Posted November 27, 2014 Thanks for the information provided by "blossom79". For your query regarding 485. I have not applied for 485 yet. However, I am planning to apply anytime next year between March 2015 till May 2015 Regards, George Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted November 27, 2014 Share Posted November 27, 2014 If you won't be applying for a 485 before mid-2015, there may still be time for your wife to get a Student Dependent visa and get to Australia in time to be included on your 485 application. From what country would your wife be applying for the 572? Any of the RMAs who post regularly on here e.g. @Raul Senise, @wrussell, @Alan Collett should be able to advise you regarding the best approach. Quote Link to comment Share on other sites More sharing options...
georgepeter Posted November 27, 2014 Author Share Posted November 27, 2014 She will be applying from India. Thanks for referring to RMAs. Regards, George Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted November 27, 2014 Share Posted November 27, 2014 According to the Australian High Commission website, Student Dependent applications lodged in India are currently taking about 6 months. http://www.india.embassy.gov.au/ndli/vm_processing.html See ** under the first table Quote Link to comment Share on other sites More sharing options...
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