Can my spouse enter on student visa and then apply onshore spouse visa

[Nick0508 10]

Hi,

 

I'm an australain permanent resident and planning to marry in dec 2013 and wanted my partner to stay in Australia with me after we get married.

 

My question is can my partner apply for a student visa before getting married (she wants to do a 6 months accounting course) and while student visa is in progress or has been granted ,she gets married to me in december and once she is here on student visa, within a short span of time we apply for onshore spouse visa whilst she holds a valid student visa?

 

If yes then what happens if student visa is about to expire and onchore spouse visa is in progress, will she be elgible for bridging visa?

 

Your kind reply would be much appreciated?

 

Thank You!

[Rupert 1,312]

If you qualify for the visas then yes you can do that if you wish.

[Quoll 5,241]

Why not take the prospective marriage visa instead? Less draconian restrictions on working I believe.

[blossom 3,079]

Yes you can do that, and yes she will get a bridging visa once her student visa expires.

[wrussell 2,143]

Yes you can do that, and yes she will get a bridging visa once her student visa expires.

 

Perhaps not. Condition 8534 might be (and often is) imposed on short-duration student visas:

 

Visa Condition 8534 The holder will not be entitled to be granted a substantive visa, other than:

 

 

• a protection visa, or

• a student visa the application for which must be made on form 157P, or

• a subclass 497 (Graduate - Skilled) visa,

 

while the holder remains in Australia.

 

There might well be better visa strategies.

 

May I suggest you run your case past a registered migration agent?

 

Any of the registered migration agents who regularly post on this forum would be able to point you in the right direction.