Working Holiday Questions

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Working Holiday Questions


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Old 01-29-2010, 10:40 PM
 
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Exclamation Working Holiday Questions

Hi

I am a 21 year old United States citizen planning on traveling to Australia within the next month or so, on a 462 Working Holiday Visa. I will be staying with my fiancee, so I have a place to live once I arrive, What I was wondering is what are the guidelines to entering australia and being accepted for the WHV?

As far as funds go , I've read that there is no defining amount that you need, but it is wise to have $5000 for your stay,

a misdemeanor nothing major, other than that I only have a couple of traffic violation, the prosecutor agreed that he would extend the trial until September, if I don't get in any trouble with the police until the charge will be completely removed from my record, It's called pre-trial diversion. So what do I say on my application when it asks if i have any pending court cases, or whatever and do I explain that? Should I get a copy of the terms written out by my lawyer? Does this pose any risk for me getting into Australia?


Last edited by Azoth; 01-30-2010 at 03:06 AM.

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Old 01-30-2010, 01:26 AM
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A battery charge, a misdemeanour you call it is possibly akin to assault here and though it would have to be serious for someone to get a custodial sentence, it is a conviction for a crime that gets a sentence of at least 12 months that will get an automatic refusal.

Just put it on your application as it was and likewise the traffic violations but that's an interesting situation in that even with a trial adjourned it is still kind of like asking to skip the country while you have a charge pending, as trivial as it is.

It is not for me to have an opinion on how Immi would look at that but I can well imagine someone saying whoa there!, we should not be granting a visa to someone who has something pending and so I'd be having your lawyer talking to the prosecutor to see if you cannot get it resolved before you apply.

Once you do apply and have details put on your application and if it is approved, then if you fill out your arrivals card consistent with what is on the application tou should not have an issue re that area.

Do not be surprised however if you have put a target of sorts on your back and whereas most people on WHVs are not usually questioned much at all re anything, you could be singled out for closer questioning.
Financing for a WHV does not need to be in cash and if you have someone to stay with, they would not expect you to need all of $5000 and even a credit card with a spend balance on it is OK, probably looking better than saying other friends will fund your stay.

If the word fiance comes up, you ould also be asked about your intent here re the possibility of staying the 12 months in a relationship to apply for a partner visa and regardless of how you answer that, you may want to have a look at the 462 for unlike the 417 there is no second WHV and I think it even mentions "no further stay" and if so you can say you understand that and would have to make other arrangements.

It'd always be possible to duck over to New Zealand in last week of WHV and get an ETA to return to Australia which may allow you to look at a partner visa or with fiance you both go to NZ and apply there, an offshore partner visa being about $800 cheaper and so enough to cover airfares.

You could also even apply for a WHV in NZ or with the application fully ready a partner visa grant could be quite quick there.





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Old 01-30-2010, 01:53 AM
 
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No it doesn't constitute a sentence of 12 months, it's much less serious than an assault charge, as there were no bodily injuries, battery is simply touching someone in a rude manner. The process is known as pre-trial diversion, which is setup as a second change for first time offenders so that they don't have a criminal record hanging over them for the rest of their lives.
Would it help if I got a letter from my lawyer stating that I have permission to leave the country?


I suppose the best thing to do would be to speak my lawyer about getting the charges dropped as to not pose so much of an inconvience.

As far as the WHV I plan on staying for six months, then her and I traveling back to the states.



Also, when filing an online application what is the process, like where/how do i submit documents such as my diploma, and other records?


Last edited by Azoth; 01-30-2010 at 03:08 AM.

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Old 01-30-2010, 05:43 AM
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I haven't done a WHV applicationmyself but I suspect even the 462 one is fairly simple as far as documentation goes and the normal thing with online applicantions where support documentation is requested will be to scan and add as an attachment.

I'd expect there'll be instructions online or perhaps some help with Attaching Documents to an eVisa Application

Re
Quote:
Would it help if I got a letter from my lawyer stating that I have permission to leave the country?


I suppose the best thing to do would be to speak my lawyer about getting the charges dropped as to not pose so much of an inconvience.
If it was me, I'd be seeing about getting the charges dropped or a certificate from the court re being able to leave the country.

And btw, I wasn't saying your battery charge was serious but just indicating the level of seriousness that can have an auromatic effect with visas generally.
We hear in Oz that you can get sued in the US for near anything and now a charge for touching someone! - we do get sexual harassment or even sexual assault charges for touches in the wrong places or with the wrong person!





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Old 01-30-2010, 06:33 AM
 
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Quote:
Originally Posted by Wanderer View Post
I haven't done a WHV applicationmyself but I suspect even the 462 one is fairly simple as far as documentation goes and the normal thing with online applicantions where support documentation is requested will be to scan and add as an attachment.

I'd expect there'll be instructions online or perhaps some help with [/url]

Re
If it was me, I'd be seeing about getting the charges dropped or a certificate from the court re being able to leave the country.

And btw, I wasn't saying your battery charge was serious but just indicating the level of seriousness that can have an auromatic effect with visas generally.
We hear in Oz that you can get sued in the US for near anything and now a charge for touching someone! - we do get sexual harassment or even sexual assault charges for touches in the wrong places or with the wrong person!
I just want to say thank you Wanderer, it's great to have someone to ask about these things.

In regards to people wanting to be with their partners, I dont see why more people 18-30 don't go for the WHV (if applicable) and then get married during the stay


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Old 02-11-2010, 02:35 PM
 
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hey,
my boyfriend is here in australia on that visa, then at the end of the year we will apply for the spouse visa. I am 26 and so is he, and its the best thing we have ever ever done !.... It was very easy to get, it took under 8 hours to get it approved... just not too sure about how you would go with the pending court.... you dont want to make it look like your escaping the country so let us know how it went... and if you need any advice or questions let me know.
toy,


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