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My partner is here in oz on student visa 573 expiring march…

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My partner is here in...
My partner is here in oz on student visa 573 expiring march 2018.
we have arranged travel overseas departing oz dec 22nd, returning jan 13th.
my partner will commence a full time job in her field dec 7th. (with contract).
Is there any risk that she will be stopped/ unable to re-enter oz in jan?
she plans to apply for temporary graduate visa subclass 485 (post study work stream) when her current visa expires in march 2018.
Submitted: 8 months ago.Category: Australia Law
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11/15/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,309
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

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Solicitor: John Melis, Lawyer replied 8 months ago

Where there any restrictions issued with thee student visa ?

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Customer reply replied 8 months ago
can work up to 40 hours per fortnight while course is in session and unlimited hours during scheduled course breaks and unrestricted/ multiple entry & exit points in Australia (re travel)
Solicitor: John Melis, Lawyer replied 8 months ago

Then in this case you have not problem leaving and coming back into Australia as your visa permits the same.

Does this answer your Question ?

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Customer reply replied 8 months ago
Understand that visa conditions SHOULD allow this travel & return date as visa still valid HOWEVER, returning to oz on visa with 2 months validity remaining, technically at that date with no visa beyond that date 2 months away (although she will of course be applying for the next visa with gap in between) is there ‘risk’ for my partner? Ie if she had evidence (somehow?) she was shortly going to be applying for the next visa...would that allay any potential concern?
Solicitor: John Melis, Lawyer replied 8 months ago

I have extended a special offer to you to talk on the telephone if you prefer ?

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Customer reply replied 8 months ago
Written is fine thanks
Please advise?
Solicitor: John Melis, Lawyer replied 8 months ago

ok.

Once the new visa is applied for a bridging visa will be issued which will cover the period in question.

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Customer reply replied 8 months ago
No
What do you understand to be “the period in question”?
Solicitor: John Melis, Lawyer replied 8 months ago

it is between the end of the current visa until the new one is issued.

does that answer your question ?

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Customer reply replied 8 months ago
Current visa valid until mid March 2018
Travelling O/S returning to oz mid Jan 2018
Intend to apply for next/ subsequent visa mid feb 2018
Concern is what is the risk of my partner being denied re entry back into oz mid Jan 2018 if technically at that time she only has 2 more months in her current visa?
Solicitor: John Melis, Lawyer replied 8 months ago

Let's talk on the telephone as it will make it much easier to explain to you if you prefer ?

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Customer reply replied 8 months ago
Like with an Australian passport, you can’t travel on it if less than 6 months validity
Does my partners visa have the same/ similar restriction? In her current valid visas final 2 months of validity??
Solicitor: John Melis, Lawyer replied 8 months ago

Every entry into Australia must have a valid visa and passport. If the visa is valid then entry will be permitted.

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Customer reply replied 8 months ago
I’ve paid $98 for online written advice so if A phone call to supplement/ further explain was free id accept
Otherwise I seek written response
Solicitor: John Melis, Lawyer replied 8 months ago

I have been issuing you a very special offer to talk on the phone which you would not get otherwise, I recommend that you accept the offer.

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Customer reply replied 8 months ago
A very special offer is a free phone call to qualify your advice
Currently you’re telling us what we’ve read on line, what SHOULD occur
What we’re paying you for is to ask the reality - my partner arrives back in oz next January with 2 months remaining on her current visa. Will oz customs deny her entry because they don’t know what her visa status will be in 2 months time?
Can you advise? Beyond what we/ laymen can read on line?
Solicitor: John Melis, Lawyer replied 8 months ago

to assess the details, out side the general advice forum of just answer, I would need to review your partners passport and copy of the standing visa that has been applied against that passport and the relevant application detail that was submitted or to be submitted for the next visa.

Once you have all these details or if you do not, I recommend that you accept the special telephone offer that has been extended to you.

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Customer reply replied 8 months ago
Sorry John
You’re flipping & changing on your advice
Either a current visa is 100% valid for its entire duration OR it depends on your subsequent visa??
Solicitor: John Melis, Lawyer replied 8 months ago

My comments in this forum post remain standing as correct.

As I have explained I recommend that you accept the offer to talk on the telephone as this way you can obtain clarity on the matter.

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Customer reply replied 8 months ago
John
You’ve stated a current visa is 100% valid for its entire duration - so no cause for concern/ risk when returning to oz in January THEN
you’ve stated it depends on your subsequent visa as to whether there’s a risk when returning to oz in January
Which advice do you stand behind 100%?
You have not adequately or definitively answered my question, even in a general sense?
Solicitor: John Melis, Lawyer replied 8 months ago

I am sorry to advise I did not state with the words or implied meaning that "current visa is 100% valid for its entire duration".

I recommend that you review my posts careful as to the words used.

I am willing to talk to you on the telephone to clarify these matters for you. I have sent you a special offer to talk on the telephone I recommend that you consider the same.

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Customer reply replied 8 months ago

John *****I have been advised to request that you opt out of the question and open it to other Experts

Solicitor: Leon, Solicitor replied 8 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,711
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Morning

I see you have requested another expert to intervene and requested that John opt out.

I have looked at the responses from my colleague

He has correctly identified that your partner can come and go as he wishes provided the visa is valid.

If he returns before the visa expires then he is ok.

The condition of the visa are as follows and the link this comes from is attached below.

AUSTRALIAN ENGLISH LANGUAGE STUDY VISA – SUBCLASS 573 ENTITLEMENTS

This visa is a temporary visa, allowing you multiple exits and entries to Australia, valid for the duration of your course. If you are granted this visa, you will be permitted to work:

  • a maximum of 20 hours per week during term; and
  • as much as you like during term breaks.

https://www.resultsmigration.com.au/student-visas/australian-higher-education-student-visa/

Provided and you return before the visa expired being March 2018 you can return with no issues.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

I am following up my last post.

If you still need assistance please let me know

Regards

Leon

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