Work Around for Applying for a Student Visa from a Visitor Visa

By Lorenzo Boccabella, Barrister-at-law, specialist in migration law, published on 19th November 2024

There is a work around for applying for a student while holding a visitor visa.

The answer is simply to go offshore, apply for a student visa while offshore and return to Australia.

Once in Australia, because the student visa can be granted in Australia, apply separately for a Bridging Visa A which will click in once the visitor visa expires.

Of course the visitor visa must be a multiple entry visa.

The BVA can be granted because the student visa can be granted in Australia even though the visa application was made when the person was offshore:

500.5  When visa is in effect

500.511

Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister

Of course the BVA can be granted because even though the applicant was offshore at time of application, all visa applications made via Immiaccount (ie the student visa) are visa applications made in Australia.

The schedule 2 criteria for the BVA is as follows:

(2)  An applicant meets the requirements of this subclause if: 

(a)  the applicant has made, in Australia, a valid application for a substantive visa of a kind that can be granted if the applicant is in Australia; and

(b)  that application has not been finally determined; and 

(c)  he or she held a substantive visa at the time that application was made; and

(d)  either:

(i)  he or she has applied for a bridging visa in respect of that application; or

All of the above, of course are met.

Nowadays many visas which previously could not be granted when the applicant was in Australia can now be granted while the applicant is onshore, eg the subclass 309 and the subclass 485 (among others).

These are the type of things one learns at my migration workshop webinars, the next one is Saturday 7 December 2024, in person in Brisbane and simulcast worldwide.