# Bridging Visa C for Student visa & 190 visa invitation Issue - Schedule 3



## godda64 (Nov 11, 2015)

:confused2:

Dear forum goers,

I would like to access your knowledge about the issue I'm currently facing.

My Student Visa expired on the 03/09/2015. I was unable to apply for visa extension due to a system error and had to apply the next day in the DIBP office with my new COE.

Because I was unlawful for few hours, I was put on a Bridging visa C (030). For some reason it has taken forever to process and still on-going. since 04/09/2015.

I got some good news from ImmiSA saying that I will get a 190 invitation this week. Which would give me 60days to Apply for PR.

My question is am I able to apply for PR while student visa is still in process?
Will I face Schedule 3 criteria issue since my last substantive visa (STUDENT VISA) expired more than 28 days ago?

I appreciate your kind answers to my questions.

Thank you very much.


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## godda64 (Nov 11, 2015)

bump ..

anybody?


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## thinkwise (Nov 9, 2015)

godda64 said:


> :confused2:
> 
> Dear forum goers,
> 
> ...


Hi Mate,
Sorry for your unfortunate situation. None of us would faced any situations like this. You should immediately contact the Immi and explain your situation, most of the cases they might answer your question or else you can consult an lawyer. 

Since you have got SA invite don't put yourself in trouble as you might asked a question whether you are stayed in Australian illegally.

Thanks
Thinkwise.


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## Maggie-May24 (May 19, 2015)

You can have multiple visa applications in process at the same time, so having a student visa in process will not stop you from submitting an application for a 190 visa. However I would suggest you speak with a migration agent regarding two things.

1) A student visa application requires you to confirm that you meet the Genuine Temporary Entrant criteria (e.g. you will leave when your studies are over). If you lodge a 190 application, you've pretty much declared that you will not be a GTE, and therefore you may not be eligible for a student visa. If your student visa application is refused, your BVC will be canceled.

2) There are some visas you cannot apply for while you are in Australia, if you are holding a bridging visa. I'm not sure if a 190 visa is one of these. If it is, that means you would need to leave Australia to apply for a 190 visa. A BVC does not have any travel rights, so if you leave Australia while holding a BVC, you cannot re-enter.

Like I said, I'd suggest you speak with a migration agent to make sure you don't create further problems for yourself by lodging a 190 visa application.


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## godda64 (Nov 11, 2015)

Maggie-May24 said:


> You can have multiple visa applications in process at the same time, so having a student visa in process will not stop you from submitting an application for a 190 visa. However I would suggest you speak with a migration agent regarding two things.
> 
> 1) A student visa application requires you to confirm that you meet the Genuine Temporary Entrant criteria (e.g. you will leave when your studies are over). If you lodge a 190 application, you've pretty much declared that you will not be a GTE, and therefore you may not be eligible for a student visa. If your student visa application is refused, your BVC will be canceled.
> 
> ...



Thank you very much Maggie for the reply,

I did think about the GTE issue. But I was wondering If I apply for 190 and then just withdraw the Student visa application. 

Just wondering if that would be possible?


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## REXYRR (Jan 18, 2016)

hello

I have student visa for melbourne and i am offshore my classes will commence on 29th feb.I have too lodged 190 visa aaplication for south australia .My question is ,now can i move to Melbourne and when i will be granted 190 visa i will shift to south australia.


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## REXYRR (Jan 18, 2016)

hello

I have student visa for melbourne and i am offshore my classes will commence on 29th feb.I have too lodged 190 visa aaplication for south australia .My question is ,now can i move to Melbourne and when i will be granted 190 visa i will shift to south australia.


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## REXYRR (Jan 18, 2016)

hello

I have student visa for melbourne and i am offshore my classes will commence on 29th feb.I have too lodged 190 visa aaplication for south australia .My question is ,now can i move to Melbourne and when i will be granted 190 visa i will shift to south australia.


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