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Azar Huseynli

Student VISA - Condition 8104 - confused...

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Hi, I'm a bit confused and hope you can help me.

I am currently studying in Australia at a college. I have Student Visa Subclass 500  (Sector: Vocational Education- VET). I have started on April 15 2019 and it hasn't yet been 6 months. My wife is my partner dependent, she has my same visa. We both have work limitation condition 8104. I am currently trying to switch from college to do masters degree. I am awaiting results from a university regarding my admission and I should receive a response within a week as education starts on 15th of July. According to my wifes current visa condition (condition 8104) she cannot work more than 40 hours per fortnight as I am studying at a college. According to that condition she can work unlimited hours if I study masters degree. I have talked to visa department but as always they were themselves confused and I couldn't get definitive answer.

As I understand my further steps are as following.

1. Wait for the offer letter from university for masters degree.

2. Ask my current education provider (college) for a release letter so that they allow me to switch my course and provider. As It hasn't yet been 6 months since start of my studies, I need their permission.

3. Once both of my education providers agree and update my details I will need to send my new certificate of enrolment to visa department and update my details there.

Now I have a few questions. As much as I understood, as I switch to higher level of education, I don't need to apply for a new visa. My question is will Sector field of my and my wifes current visa be changed from VET to Higher Education after I start studying at masters level ? If no, will my wife be able to work unlimited hours after I start my masters degree education ? Condition 8104 states that IF I study at a masters level or PHD my partner can work more than 40 hour per fortnight. It doesn't say "if your sector is VET she can not but if it's higher education she can".

I would be extremely thankful if you guys could answer my 2 following questions:

1. will the sector part on my current visa change ? if it doesn't change, does it even matter what it says ?

2. If sector part of my visa doesn't change but I legitimately start studying at masters level, will my partner be able to work more than 40 hours per fortnight ?

 

Thanks in advance guys.

 

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If you have commenced a masters by research there is no limit to the number of hours you may work, similarly for family members.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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On 28/06/2019 at 14:52, Azar Huseynli said:

Hi, I'm a bit confused and hope you can help me.

I am currently studying in Australia at a college. I have Student Visa Subclass 500  (Sector: Vocational Education- VET). I have started on April 15 2019 and it hasn't yet been 6 months. My wife is my partner dependent, she has my same visa. We both have work limitation condition 8104. I am currently trying to switch from college to do masters degree. I am awaiting results from a university regarding my admission and I should receive a response within a week as education starts on 15th of July. According to my wifes current visa condition (condition 8104) she cannot work more than 40 hours per fortnight as I am studying at a college. According to that condition she can work unlimited hours if I study masters degree. I have talked to visa department but as always they were themselves confused and I couldn't get definitive answer.

As I understand my further steps are as following.

1. Wait for the offer letter from university for masters degree.

2. Ask my current education provider (college) for a release letter so that they allow me to switch my course and provider. As It hasn't yet been 6 months since start of my studies, I need their permission.

3. Once both of my education providers agree and update my details I will need to send my new certificate of enrolment to visa department and update my details there.

Now I have a few questions. As much as I understood, as I switch to higher level of education, I don't need to apply for a new visa. My question is will Sector field of my and my wifes current visa be changed from VET to Higher Education after I start studying at masters level ? If no, will my wife be able to work unlimited hours after I start my masters degree education ? Condition 8104 states that IF I study at a masters level or PHD my partner can work more than 40 hour per fortnight. It doesn't say "if your sector is VET she can not but if it's higher education she can".

I would be extremely thankful if you guys could answer my 2 following questions:

1. will the sector part on my current visa change ? if it doesn't change, does it even matter what it says ?

2. If sector part of my visa doesn't change but I legitimately start studying at masters level, will my partner be able to work more than 40 hours per fortnight ?

 

Thanks in advance guys.

 

Hi,

As what I know that if you change your course and going upward or downward, you need to apply for new visa. That's what happened to me.

It is true that some people in immi dept don't know all those law and regulations.

You should consult with a good lawyear regarding your matter.

Once you get your visa to Masters level, your wife can work unlimited.

Sincerely,

M

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