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Staying in Australia During CoE Suspension
I’m seeking guidance regarding my Australian student visa situation following the recent passing of my father. I’ve been granted a deferment for my current semester as I’m not mentally prepared to continue my studies. My application was approved, and I’ve been informed that I will not have an active Confirmation of Enrollment (CoE) until mid-July, when a new CoE will be issued.
In light of these circumstances, I’m curious if I can legally remain in Australia during this challenging time, as my closest friends and support network are located here. I understand that with a suspended CoE, my legal status in Australia could be jeopardized. However, could my personal situation influence the decision regarding my ability to stay in the country?
If you have experience with Australian migration advice or know about visa regulations related to deferment situations, your insights would be greatly appreciated.
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1 Reply
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Hi Tanya, I’m really sorry to hear about your loss, and it’s completely understandable that you’d need time to process everything. 😔
In your case, while your student visa (subclass 500) remains technically valid, having a suspended or cancelled CoE does impact your visa conditions.
The Department of Home Affairs requires all student visa holders to maintain an active CoE. If your education provider reports the deferment and suspension of your CoE to PRISMS (Provider Registration and International Student Management System), the Department may begin assessing your visa for possible cancellation under section 137J of the Migration Act 1958.
That said, personal and compassionate circumstances like bereavement can absolutely be taken into account. Here’s what you should do:
- Contact the Department of Home Affairs as soon as possible and explain your situation, providing evidence such as a letter from your education provider, a death certificate (if available), and a personal statement.
- Ensure your education provider has reported the deferment correctly as “compassionate and compelling circumstances.” This can support your case and may prevent visa cancellation.
- Monitor your email and ImmiAccount closely for any communication from the Department. You’ll have a chance to respond if a Notice of Intention to Consider Cancellation (NOICC) is issued.
You may be able to remain in Australia while awaiting your new CoE in July, particularly if the Department accepts your compassionate grounds. However, there is always some risk when you don’t hold an active CoE.
If you receive a NOICC, it’s strongly recommended to seek advice from a registered migration agent or immigration lawyer to help you respond effectively.
I hope this helps clear up your position during this difficult time. Let me know if you’d like help with anything else
Warm regards, Mark
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