Urgent advice please!! Went over working conditions

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Urgent advice please!! Went over working conditions


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Old 08-21-2011, 07:02 AM
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Exclamation Urgent advice please!! Went over working conditions

Hi all,
Thank you for taking the time to read this.
I am on my 2nd year working visa. I work with children and have accidentally gone 16 days over the 6 month working conditions mark.
I was only doing 14 hours a week, so I thought because that's less than part-time it wouldn't count as being the full 6 months. The main reason for this belief was because my 'regional' work was counted in hours, not by the amount of weeks I did.
The only reason that I discovered I had breached the conditions was because I mentioned in on the immigration line (just to double-check it was cool) when I was calling to ask some questions about the presentation of my defacto visa application.
I have called the immigration line 4 times, my (EX)employer has called them twice, and I have also called into the immigration office....and yet no-one can advise me on what to do next!!(The phoneline told me to go to the office, the office then told me to phone the line again!!FRUSTRATION!!).
Anyway, I guess my question is - has anyone else ever accidentally gone over the 6 months? What is the best way to fix this situation? Do you think I have ruined my chances of getting the defacto visa (applying within the next 2 weeks) because of this stupid mistake?
My man and I have been together for almost 6 years and he's in his dream job - the thought that we might have to leave because of me is making me feel sick to my stomach.
I'd appreciate any advice you give me.
Thank you


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Old 08-21-2011, 07:26 AM
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I should also have mentioned that I am self-employed (own ABN) but had worked for this particular family for 6 months and 16 days (and quit when I found out straight away).
Thanks again.


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Old 08-21-2011, 12:20 PM
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I am not sure. Did immigration know it was you calling each time?

I hope the fact that you told them that it was accidental and you volunteered the information before they found you out, may possibly work in your favour.

Also if after calling immigration several times and no one has told you straight away that it would jeopardise your application, that too makes it seem a little better. They usually don't mince words when someone has clearly done something wrong.

If it makes you feel any better there are people on this forum who have overstayed their visa, or lied about employment, received the 3 year ban from australia and still have been able to apply for a partner visa.

You only over worked 16 days (accidentally) then proceeded to confess your sins to immigration, had your employer call them.

You just have to hope for the best in this situation.

I dont think it is as big a deal as you think it is.


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Old 08-21-2011, 03:06 PM
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Quote:
Originally Posted by voebe View Post
I am not sure. Did immigration know it was you calling each time?

I hope the fact that you told them that it was accidental and you volunteered the information before they found you out, may possibly work in your favour.

Also if after calling immigration several times and no one has told you straight away that it would jeopardise your application, that too makes it seem a little better. They usually don't mince words when someone has clearly done something wrong.

If it makes you feel any better there are people on this forum who have overstayed their visa, or lied about employment, received the 3 year ban from australia and still have been able to apply for a partner visa.

You only over worked 16 days (accidentally) then proceeded to confess your sins to immigration, had your employer call them.

You just have to hope for the best in this situation.

I dont think it is as big a deal as you think it is.
Thank you so much! As I said - I was just trying to be honest but may have shot myself in the foot! They only knew it was me calling on the last 2 occasions, and they had my details on file when I went into the office. You think I should submit my application then? The lady in the office said I should get it in asap....but I'm scared it'll get refused, as it's a lot of money and I'm now unemployed. Thanks for your advice.


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Old 08-22-2011, 01:42 AM
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Where are Sarah M and Wanderer when you need them? They always give excellent advice.

I think you should still submit your application, as you planned. Just make sure you have all the evidence you need, make a really good application so that they cant fault you on anything.

What you did really sounds like an honest mistake and if anyone asks you, just tell them exactly what you told us. Its not like you were trying to cheat the system. At the end of the day people make mistakes. DIAC knows that.


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Old 08-22-2011, 03:46 AM
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Quote:
Originally Posted by voebe View Post
What you did really sounds like an honest mistake and if anyone asks you, just tell them exactly what you told us. Its not like you were trying to cheat the system. At the end of the day people make mistakes. DIAC knows that.
I thought I would step back for a bit, you're doing a great job I too remember the people here who had posted about having a 3 year ban, about doing more than the allowed hours on their student visas.....
Somehow I don't feel that this case is as serious as the others. I know the person who worked too much on their student visa had troubles with their next visa, but this 6 month restriction......I mean, what's 16 days out of 6 months, you could easily claim that you had forgotten when you started working.

I think you'll be ok, just tell it as it is. Let us know what happens. All the best, don't panic!


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Old 08-22-2011, 06:48 AM
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My 2cents would be to seek advise from a RMA as the last thing you'd want is to ruin any chances.

I speak from experience, I'm currently offshore waiting to cone back in when I cld have have remained should I have sought advise immediately. Good luck!


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Old 08-22-2011, 09:44 AM
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Thank you, all of you!!
I called immigration again today and the lady on the phone seemed to think that my honesty would pay off. They had no notification of my email, but she said that sometimes it takes a few days. Her advice was to call back in 2 weeks to see if they had gotten it and then apply for my defacto. Apparently I won't here back from them unless there are ramifications. I will have to just apply for my defacto and hope that the CO doesn't look badly on what I've done. She said that quitting my job straight away and putting my mistake in writing was the best thing I could've done. Fingers and toes crossed everyone!! I'll keep you posted. Thanks again.

iain and Stillwaiting79 like this.

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Old 08-22-2011, 01:45 PM
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Good luck & I hope it all works out


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Old 08-22-2011, 03:01 PM
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Thank yoooooooooooooooou!!


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