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How can I switch my Student Visa to a Working Holiday Visa?

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Question asked

Good afternoon,

I so hope that you are able to help me with my current visa situation as it has been causing me a lot of stress.

Basically the situation is that I am currently in Australia on a Student Visa (subclass 500), however I have discontinued my studies in Australia so therefore this visa will be cancelled in the near future. Therefore I am currently in the process of trying to obtain a Work and Holiday Visa (subclass 462) so that I can remain in Australia until I continue my studies back home in the United States in January.

Note: I have already applied for the Work and Holiday Visa as I was outside of the country at the beginning of July - I am just still waiting for it to be granted.

My concern is that my Student Visa will be cancelled before I am able to be granted the Work and Holiday Visa and therefore I would become unlawful, which I would obviously very much like to avoid. I have been told that therefore I need to apply for a Bridging Visa, however there seems to be many different types of Bridging Visas and I am unsure which one applies to my certain situation.

Also, I have checked my ImmiAccount and I don't even see the option of applying for a Bridging Visa.

Please help me so that I may remain in Australia lawfully! However I am aware that I will need to leave the country in order to pick up the new Work and Holiday Visa, such as flying to New Zealand and back for example.

Thank you so much in advance,

Answer provided by Migration Agent

Hi S,

The first work and holiday visa (subclass 462) can only be applied offshore ( outside Australia) and can only be granted offshore. You cannot apply for a Bridging visa because Bridging visa can only be issued if you applied an onshore visa application and that the application can be granted onshore.

As you mentioned, since you have discontinued your study, your student visa is subject to cancellation. However, the normal process is that the Department sends out a Notice of Intention to Consider Cancellation (NOICC). If you received the NOICC, you will then have 28 days to response to the Department as why your visa should not be cancelled. It is therefore critical to double check your email address and make sure that your residential address has been updated. This is because the Department can send out the NOICC either by post or by email.

Once the 28 -days-period passed, the Department makes the decision as whether or not to cancel your visa. You will be providing opportunity to response the NOICC.

I am not sure whether you intend to go back to study, or your intention is not to study. If you do not wish to study, then you have little chance to convince the Department that your visa should not be cancelled.

My advice is that you leave Australia and inform the Department that you do not wish to study anymore. You then wait offshore and enter Australia with your work and holiday visa. You can also leave Australia and apply tourist visa offshore, and enter Australia with tourist visa.

Thank you for using Ask an Agent. If you need further services from myself or a registered migration agent, please contact Amy at amy.jacobson@ask-an-agent.com.au - and don’t forget to mention your Question ID so that I can keep providing immigration services to you.

Kind Regards,
Migration Agent Melbourne

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