[rlal]

my daughter is studying in Australia on student visa from July 2012 doing post graduation. some one has complaint against her that she has work more than 40 hours allowed in many fortnight period. Immigration authority has served her cancellation notice and asked her to reply back with in two days. the period shown in the complaint is more then six month old and she hardly has any record to prove that she has not worked more than allowed hours.
will authority will cancel the visa on this type complaints.
If cancelled, what are the alternative for her to continue her study, which is till June 2014.

 

[Guest]

They will have evidence that she did work more than the allowed hours. They do not send out these notices on the basis of someones compl without first investigating it and gathering evidence.

 

[rlal]

Yes it might have been confirmed, as she knows , she has worked more for two time for the last one and half year.
Is now any thing my daughter can do to stop visa cancellation. Or how she can continue her study.
Another, can immigration officer forgive her as according to rule cancellation of student visa is now only officer's discretionary. Or Office has now no other choice except visa cancellation.

 

[Guest]

No there is nothing she can do. If they have the evidence and she can not provide evidence to show it is not true or she has compelling and compassionate reasons for doing so (which is where officers discretion comes in) her visa will be cancelled. She has breached the terms of her visa and will be expected to leave the country and will receive a ban from entering the country for 3 years.

 

[rlal]

Thanks for your reply. Just want to know if 3 years ban is applicable to all types of visas. I am asking this as she will be getting marry in Dec. 2013 in India with boy have permanent resident visa of Australia. Will she be eligible for partner or spouse visa in Dec 2013.

 

[Guest]

Yes it is applicable to all visas. This is what happens when you break the law and don't comply with visa conditions

 

[rlal]

Thanks again for your reply.
But she has conducted some lawyer, who confirmed that this ban is not applicable for Spouse, children and refugee visas. Can this be checked again & confirm.

 

[Guest]

No that would only be the case if her partner was an Australian citizen. Why ask here if you have already spoken to someone who claims to be a lawyer?

The ban applies unless the reverse of it would be for the benefit of an Australian citizen.

 

[aman8181]

Noicc

hi I am in the same problem I worked more than 40 hours fortnight. Immigration cancel my visa or they will give me warning and let me know what happen with your daughter
Thanx
Regardsn

 

[sameer7106]

hi I am in the same problem I worked more than 40 hours fortnight. Immigration cancel my visa or they will give me warning and let me know what happen with your daughter
Thanx
Regardsn

Mate rules are rules.....if u break it then be ready for the consequences, there's no such thing like WARNING!! Sorry to say but sooner or later they'll cancel ur student visa and will impose a ban of 3 years as Shel said in his earlier post above.

 

[aman8181]

Noicc

Thanks Sameer but right now I haven't recieve any notice so, do I confess to immigration or just wait for their notice.

 

[_shel]

hi I am in the same problem I worked more than 40 hours fortnight. Immigration cancel my visa or they will give me warning and let me know what happen with your daughter
Thanx
Regardsn

As said there is no warning. Your visa is cancelled and you receive a ban from Australia.

If you wanted to stay in the country you should have abided by the terms of your visa.

 

[aman8181]

Mate rules are rules.....if u break it then be ready for the consequences, there's no such thing like WARNING!! Sorry to say but sooner or later they'll cancel ur student visa and will impose a ban of 3 years as Shel said in his earlier post above.

I haven't recieve any notice yet do I confess to immigration or just wait for their notice.
Regards

 

[_shel]

I haven't recieve any notice yet do I confess to immigration or just wait for their notice.
Regards

It depends on if you are pretty sure they know and will be contacting you or not?

 

[aman8181]

I am pretty sure my friend complaint to immigration so please tell me what can I do now I am really in a big trouble.

 

[_shel]

I am pretty sure my friend complaint to immigration so please tell me what can I do now I am really in a big trouble.

Some friend! Why would they do that?

If thats the case that they really would do that you need to speak to a registered migration agent asap and stop working!

Are you attending classes?

 

[aman8181]

Yes My attendence is proper and I am doing Masters and I passed all my subjects.I don't work too much just 10-12 hours fortnight.

Some friend! Why would they do that?

If thats the case that they really would do that you need to speak to a registered migration agent asap and stop working!

Are you attending classes?

 

[_shel]

So if you are not working more than allowed why worry?

 

[aman8181]

I worked 10 to 12 hours extra thn my work limitations.

So if you are not working more than allowed why worry?

 

[tara.jatt]

Pretty balanced views.

Even if immigration use leniency to handle one such case, it can (read will) set a bad precedent for other similar cases, so I highly doubt immigration will be any soft on willful law breakers.

And hey _Shel, let's not scare the guys so much who are on student visa themselves and have heavy debts and responsibilities. Let's be humans too while being strong law supporters. For all we know, the daughter of rlal (who started this thread) might have managed to handle the authorities as I have seen many people succeeding at doing that though it's illegal to work for more hours. On the other hand, the authorities also understand that it's a question of degree and career for the students and they wouldn't like to spoil someone's future COMPLETELY for infrequent breaching of working hours limits. They won't be generally so harsh and might give a chance unless breaching is very very regular and apparently intentional. Again, doesn't matter whether one is from high risk country or not!

By no means, I intend to encourage people to work extra hours though. It's illegal!

Guys, please handle the notices very carefully and honestly and avoid getting such notices in future. All the best!

Btw, I have lived across 3-4 countries.. but one thing I can confidently say - poor countries teaches you to be humans first than anything else, which developed countries not. In developed countries, humanitarian approach is more on papers and in laws, but not in practical life. Good learning I got from some poor countries.