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Discussion

is an AU visa changeable?

Hello everyone,

Please I need advice especially from nurses in Australia.

My sister in law in to undertake a bridging course in Australia this July through a STUDENT VISA.

She is planning to work after obtaining her registration in the NBWA.

Is this possible? that after she finished her bridging course, could she have her student visa changed to a working visa while remaining in Australia?

Supposing an employer is willing to hire her when she is registered already.

Please help us on this... we really are not so sure of this.

Thanks.:redbeathe

Featured Replies

Only the Immigration Dept can help with this issue. I suggest contacting the Australian Embassy where you are. Or checking http://www.immi.gov.au/

hello--hope this helps!

http://www.immi.gov.au/legislation/amendments/2003/030301/lc1032003-12.htm

Student visa changes

1 March 2003 - Legislation change

Client summary

From 1 March 2003, immigration law has been amended to give effect to changes to the Student Visa Program. The changes are detailed below.

Technical details

Additional information:

New waiver provision for condition 8534

The 'No Further Stay' condition 8534 precludes the student visa holder from making a valid application for a further visa (except a Protection visa, subclass 497 Graduate-Skilled visa, or Student visa with permission to work) while they remain in Australia.

However, condition 8534 may be waived. The waiver provisions require the student visa holder to have applied for a subclass 497 (Graduate-Skilled) visa and restricts the person to making further applications for skilled migration only, while they remain in Australia.

Alternatively, the student visa holder must demonstrate that compassionate and compelling circumstances exist which support the grant of a further visa.

From 1 March 2003, condition 8534 may also be waived if the person:

  • is registered as a nurse in Australia or satisfies the requirements for registration as a nurse in Australia; and
  • meets certain English language proficiency requirements.

Persons who have condition 8534 waived under the new provision are subject to a new regulation 2.07AH. This regulation provides that the initial visa application made after the waiver is limited and they are only able to make a valid application for a subclass 457 (Business (Long Stay)) visa.

Once the applicant has had condition 8534 waived and validly applied for a subclass 457 visa they are no longer bound by regulation 2.07AH.

Work rights for dependants of Masters and Doctorate students

Initial student visas are granted subject to a condition precluding the holder from working while in Australia. Once a student has commenced their course of study they, and their dependants, may be granted permission to work.

An exception applied to applicants for a student visa as a dependant of a Masters or Doctorate student. Such applicants were able to obtain permission to work immediately if they had previously been a student and held limited work rights.

From 1 March 2003, these provisions have been amended so that dependants of Masters and Doctorate students, like other student dependants, may only be granted permission to work once the student has commenced their course.

Transitional arrangements: The new waiver provision for condition 8534 will be available to student visa holders from 1 March 2003 and the changes to work rights will apply to all applications lodged on or after 1 March 2003.

Forms: Nil.

Instructions: PAM 3 guidelines have been amended.

Effect on delegations: Nil.

Effect on systems: Nil.

  • Author
hello--hope this helps!

http://www.immi.gov.au/legislation/amendments/2003/030301/lc1032003-12.htm

Student visa changes

1 March 2003 - Legislation change

Client summary

From 1 March 2003, immigration law has been amended to give effect to changes to the Student Visa Program. The changes are detailed below.

Technical details

Additional information:

New waiver provision for condition 8534

The 'No Further Stay' condition 8534 precludes the student visa holder from making a valid application for a further visa (except a Protection visa, subclass 497 Graduate-Skilled visa, or Student visa with permission to work) while they remain in Australia.

However, condition 8534 may be waived. The waiver provisions require the student visa holder to have applied for a subclass 497 (Graduate-Skilled) visa and restricts the person to making further applications for skilled migration only, while they remain in Australia.

Alternatively, the student visa holder must demonstrate that compassionate and compelling circumstances exist which support the grant of a further visa.

From 1 March 2003, condition 8534 may also be waived if the person:

  • is registered as a nurse in Australia or satisfies the requirements for registration as a nurse in Australia; and
  • meets certain English language proficiency requirements.

Persons who have condition 8534 waived under the new provision are subject to a new regulation 2.07AH. This regulation provides that the initial visa application made after the waiver is limited and they are only able to make a valid application for a subclass 457 (Business (Long Stay)) visa.

Once the applicant has had condition 8534 waived and validly applied for a subclass 457 visa they are no longer bound by regulation 2.07AH.

Work rights for dependants of Masters and Doctorate students

Initial student visas are granted subject to a condition precluding the holder from working while in Australia. Once a student has commenced their course of study they, and their dependants, may be granted permission to work.

An exception applied to applicants for a student visa as a dependant of a Masters or Doctorate student. Such applicants were able to obtain permission to work immediately if they had previously been a student and held limited work rights.

From 1 March 2003, these provisions have been amended so that dependants of Masters and Doctorate students, like other student dependants, may only be granted permission to work once the student has commenced their course.

Transitional arrangements: The new waiver provision for condition 8534 will be available to student visa holders from 1 March 2003 and the changes to work rights will apply to all applications lodged on or after 1 March 2003.

Forms: Nil.

Instructions: PAM 3 guidelines have been amended.

Effect on delegations: Nil.

Effect on systems: Nil.

Thank you very much!

This really helps. We were so scared that she might have to go home. But this really made our day.

Thank you.:redbeathe:redbeathe:redbeathe

Hello everyone,

Please I need advice especially from nurses in Australia.

My sister in law in to undertake a bridging course in Australia this July through a STUDENT VISA.

She is planning to work after obtaining her registration in the NBWA.

Is this possible? that after she finished her bridging course, could she have her student visa changed to a working visa while remaining in Australia?

Supposing an employer is willing to hire her when she is registered already.

Please help us on this... we really are not so sure of this.

Thanks.:redbeathe

hi tiurichard! i would just like to ask where in WA is your sis in law taking the bridging course? i also applied with the NMBWA and still waiting for their decision. hope you can share info with regard to taking the bridging course in WA. thanks! :)

  • Experts

Have moved this thread to the International Forum since it is specific to licensure and immigration issues.

Please refer to the red banner at the top of the Aussie forum.

Thanks for your understanding on this.

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