Bridging visa and student visa

[Franklin]

Hi guys,

 

This is my first post. I have a question, I am holding bridging visa A which has unlimited work and study rights in Australia. But do I need to apply student visa in order to study?

 

I mean, if I am studying on Bridging visa A now and let's say for instance my PR application is refused. Am I still able to finish my study? Probably the answer is no, because I must leave Australia within 28 days. But at the same time, we allow only hold one visa at one time. Does it mean we have to bridge commitment to finish the study with the education institute?

thanks a lot in advance

 

Cheers

[Franklin]

any thoughts ??

[Guest yuan84dk]

Well, IMHO, even if your application for permanent residency is refused (not likely, normally they let you wait for ages), you can still apply for a student visa within the 28 day period. Take your COE along with your ID documents to the immigration office and they'll issue a new bridging visa almost instantly.

[Franklin]

Thanks for the reply...

Well yeah, it's been a year. So as a student, I still need to apply for a student visa within 28 days period. But I don't need to sit for ielts and so on, do I?

Thanks

[Guest erik803]

Well, IMHO, even if your application for permanent residency is refused (not likely, normally they let you wait for ages), you can still apply for a student visa within the 28 day period. Take your COE along with your ID documents to the immigration office and they'll issue a new bridging visa almost instantly.

 

 

I actually have the same question as Franklin does.

 

So...we do not have to leave Australia and then apply the student visa from whatever country you are from?

 

 

Franklin, what is your latest news about your issue?

[Guest Tanner]

Hi guys,

 

This is my first post. I have a question, I am holding bridging visa A which has unlimited work and study rights in Australia. But do I need to apply student visa in order to study?

 

I mean, if I am studying on Bridging visa A now and let's say for instance my PR application is refused. Am I still able to finish my study? Probably the answer is no, because I must leave Australia within 28 days. But at the same time, we allow only hold one visa at one time. Does it mean we have to bridge commitment to finish the study with the education institute?

thanks a lot in advance

 

Cheers

 

You are not yet a permanent resident; hence, to study in Australia, you will still need to apply for a student visa before commencing the course. You cannot study a CRICOS course without a student visa, you are also NOT allowed to enroll in a course for local students without a PR. So, you will be changing from BVA to a student visa and wait for your PR on that student visa. Once the student visa expires and your PR hasn't come through then you're back on a BVA again.

 

Also, once your new student visa kicks in, your work rights will be limited to 20 hours during session time (and full-time during 'published' down times between sessions) so be very careful. You also need to pay international student rates of fees. You ARE allowed to apply for a temporary Medicare card, thanks to your PR application. However, immigration legislations prescribe that you MUST have an OSHC as a condition of your student visa, so you basically are able to hold two health care cards, just choose to use whichever is better for you, financially.

 

You can choose to do all this later within 28 days should your PR be refused, however, you CANNOT study whilst on BVA. It was issued to allow you to wait for a substantive visa to be granted, bot NOT for studying anything substantial (that means anything covered by ALL student visa subclasses; a 2-day knitting course is ok, by all means).

[alex2010]

Hi Tanner,

 

I don't think so you are right with BVA and study restrictions. Providing you have BVA with unlimited working and studying rights, you are not limited in any way in regards to study and you don't have to apply for a student visa to be allowed to study. I would be interested where you have got this information from...

[Guest Tanner]

Hi Tanner,

 

I don't think so you are right with BVA and study restrictions. Providing you have BVA with unlimited working and studying rights, you are not limited in any way in regards to study and you don't have to apply for a student visa to be allowed to study. I would be interested where you have got this information from...

 

Hi Alex,

 

First, BVA doesn't automatically give you unlimited work rights, it merely continues your work rights which you had on your previous substantive visa. In this case a student visa which is 20 hours during session time and unlimited during non-session time: hence the seemingly 'unlimited' work rights due to the the fact that, after finishing the course, the applicant is currently not under any studying session.

 

A BVA does NOT give you unlimited study rights. It is actually my question to you where did you get that incorrect information from.

 

Without Citizenship or Permanent Residency every non-citizen needs a student visa to study any of the courses covered by student visa subclasses. (Generally anything longer than 3 months, but it really depends on which course exactly you want to study.) Of course, if it's a non-substantive course e.g. yoga-teaching, (non-award) cooking classes or some courses at community colleges then you don't need a student visa.

 

There are certain special situations:

- somehow during the course, you change from a student visa to a bridging visa, you can continue your existing course on a bridging visa.

- school-aged children can enroll to study in a school on a bridging visa, obviously this won't apply to your case. There are variations in this scenario between states (in terms of administration by the schools, which are also governed by state law).

[Guest MOTO]

Hi Alex,

 

 

Without Citizenship or Permanent Residency every non-citizen needs a student visa to study any of the courses covered by student visa subclasses.

 

Not entirely true, NZ nationals don't need one :-)

[Guest Anna1]

Hi Tanner,

 

I don't think so you are right with BVA and study restrictions. Providing you have BVA with unlimited working and studying rights, you are not limited in any way in regards to study and you don't have to apply for a student visa to be allowed to study. I would be interested where you have got this information from...

 

Hi Alex,

 

I don't think Tanner is right as well as it is clearly written in a letter issued by DIAC when I lodged my application for PR. It said

 

"There are no work or study conditions attached to a Bridging visa A. This means that the applicant has unlimited work and study rights for the period that Bridging visa A is in effect. However, this Bridging visa A does not come into effect until any current substantive visa ceases."

 

Having worked at a local university for 2 years. I also believe that Franklin can enroll in most of the courses for local students, but these courses would be coded differently and Franklin will have to apply with International Office and pay for the full fees.

[Guest Tanner]

Not entirely true, NZ nationals don't need one :-)

 

Haha - I entirely forgot our Kiwi neighbours!! :jiggy:

[Guest MOTO]

Kai ora, bro :-)

[ramot]

I think that most posters on here who have applied for PR. and are on bridging visas are ex students, so the conditions that Anna 1 mentions will be relevant. We have friends on bridging visa A who are applying for the investment retirement visa, from a visitors visa, and they definitely have no work rights. So the previous visa conditions are relevant. Having spoken to a contact in the Brisbane immigration dept. recently, the person was happy for any prospective employer to be in touch, to confirm the full work rights for an ex student on bridging visa A. as many prospective employers just don't understand this visa.

Also current students from reciprocal countries are entitled to medicare all the time they are studying here and while on a bridging visa. As far as I know they also have to have private health cover while studying, but not once on bridging visa A.

[alex2010]

Hi Tanner,

 

please see below:

 

Hi Alex,

 

First, BVA doesn't automatically give you unlimited work rights, it merely continues your work rights which you had on your previous substantive visa. In this case a student visa which is 20 hours during session time and unlimited during non-session time: hence the seemingly 'unlimited' work rights due to the the fact that, after finishing the course, the applicant is currently not under any studying session.

 

A BVA does NOT give you unlimited study rights. It is actually my question to you where did you get that incorrect information from.

 

I am not saying that every BVA has nil conditions, I am just saying PROVIDING the BVA gives you unlimited working and study rights, then you just need to comply with your visa conditions. When such BVA is in effect (after your previous substantive visa expires), you are not limited in your study. If you were limited in study, your visa would have to have a condition 8201 - THREE (3) MONTH LIMIT ON STUDY AND TRAINING or similar.

[Guest Tanner]

Hi moto, alex and anna,

 

From what Anna quoted from the DIAC letter I think that's a definite answer.

I also did a google search and every ex-student who received the letter said exactly the same as she did.

 

THEREFORE, I WAS WRONG! :realmad:

 

They said BVA, in case of an ex-student, gives unlimited work and study rights! (During the life of that BVA.)

[Guest Tanner]

Ramot seems right that it just depends on the previous visa before the BVA.

[Guest MOTO]

I find it very strange that you have more rights on BVA than while you are on a students visa. Crazy!!!

Less restrictions with BVA.

[Guest Tanner]

I find it very strange that you have more rights on BVA than while you are on a students visa. Crazy!!!

 

Well, you can even apply for a Medicare card. (Ramot has mentioned reciprocal countries, I do know one, Ireland (you can look all others up on DIAC website), which already had that in place so you do not need to apply for a new card should you already hold health care cards from those countries.)

 

Mind you, the freedom to study and other fancy things may not apply to other BVA cases (e.g. non ex-students).

[ramot]

Actually our UK friends are entitled to medicare while on br A. as they were entitled to medicare while on a visitors visa, so this carries on while they wait for the investment visa to come through. Strange but true. Not sure if when on the 405 visa finally that they then loose it as they have to have private health and be self funded. You definitely don't have medicare on the old 410 retirement visa, unless you first applied before a certain date, quite some years ago, and again have to be totally self funded on this visa.