Is This Illegal?

Welcome to Yanks Down Under!

You're currently viewing our forum as a guest. This means you are limited to certain areas of the board and there are some features you can't use. If you join our community, you'll be able to access member-only sections, and use many member-only features such as customising your profile, sending personal messages, and voting in polls. Registration is simple, fast, and completely free.

Join our community!

If you're already a member please log in to your account to access all of our features:

Is This Illegal?; Work holiday visa to sponsorship
Topic Started: Oct 22 2008, 02:24:24 AM (579 Views)
shelle	Oct 22 2008, 02:24:24 AM Post #1
Yacker Posts: 26 Group: Members* Member #2,863 Joined: Oct 18, 2008 I come from... Los Angeles, CA I now live in... Los Angeles, CA I'm planning to move to... Sydney, AU	I'm starting to get ready to apply at recruitment agencies, so I can ease my way into Aussie job searches as smoothly as possible once I get there next year. I was wondering, if I go on a working holiday visa, is it illegal for me to tell potential employers that I'd like to get sponsored if possible? I thought I read somewhere about how that may be illegal, but I wasn't sure. I never wanna see the face from anyone at the DIAC ^_-



(gordon38555)	Oct 22 2008, 09:08:49 AM Post #2
Piker Posts: 0 Group: Guests Member #82 Joined: Feb 18, 2007	I don't know the answer to that. Perhaps you might want to talk to an immigration agent?



shelle	Oct 24 2008, 02:43:14 AM Post #3
Yacker Posts: 26 Group: Members* Member #2,863 Joined: Oct 18, 2008 I come from... Los Angeles, CA I now live in... Los Angeles, CA I'm planning to move to... Sydney, AU	Hmm, seems like the best route would be to call the embassy. I'll update the post when I get an answer.



elsja	Oct 24 2008, 08:30:48 AM Post #4
aussie pilot lover Posts: 1,623 Group: Members** Member #799 Joined: Dec 4, 2007 I come from... Huntington Beach, CA (The OC) I now live in... Mosman, NSW (Sydney Area)	I'm sure they will tell you you can't do it. The whole point of the working holiday is that you can only work in a job for 6 months because they don't want you to get too comfortable here. haha. What you do is you come with all intentions of going home, but then you just FALL IN LOVE with it and tell your boss you never expected to love it so much and you wish there was a way you could stay... oh... but there is... Just don't come WITH intentions. that's the key i think.
	Elsja's Bloggity Blog


TerritorianTori	Oct 24 2008, 10:38:42 AM Post #5
Dance to disco Posts: 4,774 Group: Admin Member #1 Joined: Feb 14, 2007 I come from... Rio Grande Valley, Texas I now live in... Darwin, Northern Territory, Australia	Yeah, it's all about your intent. If you come over on one visa intending to switch to something else, that's usually illegal. I say "usually" because there are always exceptions... most notably, coming over on a prospective spouse visa intending to get married and switch to a spouse. You're supposed to do that. But you know, if you come over and find a good job and you happen to get sponsored... that's OK.
	South Texas to the Northern Territory - since 2004 I'm a huge fan of... Angry Video Game Nerd \| The Big Bang Theory \| Doctor Who \| Pet Shop Boys \| Yanks Down Under ~ Americans living in Australia Avatar by Sketch Shop Boys


KimInMellie	Oct 24 2008, 02:19:14 PM Post #6
True Blue Mate Posts: 1,060 Group: Members** Member #1,057 Joined: Jan 1, 2008 I come from... Austin, Texas I now live in... Melbourne (Yarraville)	TerritorianTori Oct 24 2008, 10:38:42 AM Yeah, it's all about your intent. If you come over on one visa intending to switch to something else, that's usually illegal. Oh, this makes me want to pull my hair out! or bang my head against a wall! I came here on an ETA to stay with Michael for a while, decided to get a student visa because 1) it allowed me to further my education in a way that would make me more employable here in Australia and 2) it allows me to live here with Michael without hassle for the next three years. There was always the 'intent,' I guess, that when that visa expires I'll be applying for de facto. But ... now that Michael & I have decided to marry sooner rather than later, I want to apply for defacto at the end of this year, since we'll then have passed the one year living together requirement and I also won't have to pay international student fees (I think) or be required to attend full time, which I find tedious. Plus the medicare thing, since we're thinking of starting a family sooner rather than later. So my anxiety is: could my initial application for the student visa be looked upon as fraudulent?? Hell, maybe I should go back to the States and apply prospective marriage from there, but I don't want to risk losing my student visa and if Immigration takes their time approving it, I could miss starting my next semester of classes. AARRGH! And may I add another
	Go that way really, really fast. If something gets in your way, turn. -- Charles De Mar


TerritorianTori	Oct 24 2008, 04:45:27 PM Post #7
Dance to disco Posts: 4,774 Group: Admin Member #1 Joined: Feb 14, 2007 I come from... Rio Grande Valley, Texas I now live in... Darwin, Northern Territory, Australia	Well, see, it all depends on the question. If you're asking about legality, then yeah, it's technically illegal. Lots of things are technically illegal. If you're asking about practicality, then it gets a bit more murky. Lots of people come on one visa and switch to another one, for multiple reasons, with little or no trouble. I'd think it's probably very difficult to prove intent before the fact, unless it becomes grossly obvious. (like, bragging about how you're planning to rort the system or something) You say you're on a student visa to further your studies. That's different from getting a student visa, then wagging off school and getting married, iykwim? (btw, getting a defacto visa won't save you from international fees, unless you can somehow qualify for permanent residence right away. Many temp spouse visa holders have gotten a rude surprise there, unfortunately! )
	South Texas to the Northern Territory - since 2004 I'm a huge fan of... Angry Video Game Nerd \| The Big Bang Theory \| Doctor Who \| Pet Shop Boys \| Yanks Down Under ~ Americans living in Australia Avatar by Sketch Shop Boys


Silver	Oct 24 2008, 07:53:35 PM Post #8
True Blue Mate Posts: 516 Group: Members** Member #701 Joined: Nov 19, 2007 I come from... US I now live in... Melbourne suburbs I'm planning to move to... Regional Victoria	I came over here on a holiday visa and got married seven months later. I didn't get arrested. But we also made it very clear in our statements (for applying for my spousal visa) that I came over here with the intention to visit and see if our relationship would work in person.



KimInMellie	Oct 24 2008, 10:09:37 PM Post #9
True Blue Mate Posts: 1,060 Group: Members** Member #1,057 Joined: Jan 1, 2008 I come from... Austin, Texas I now live in... Melbourne (Yarraville)	Quote: btw, getting a defacto visa won't save you from international fees, unless you can somehow qualify for permanent residence right away. Many temp spouse visa holders have gotten a rude surprise there, unfortunately! Eeew. Guess that's what I get for assuming things ... Still would be nice not to have to attend full time though. Quote: I came over here on a holiday visa and got married seven months later. I didn't get arrested. But we also made it very clear in our statements (for applying for my spousal visa) that I came over here with the intention to visit and see if our relationship would work in person. Silver, this was pretty much my situation -- spend some time here, check the place out, make sure I wouldn't feel like I'd moved to another planet and that Michael and I are capable of sharing quarters and still loving one another ... I was reassured in a flash, and the rest has just been about finding a way to hang around long enough -- legally, whatever that means in this context lol -- to get the de facto process started. Err, and the fact that a pretty flash herbal medicine program is a ten-minute train ride from our house helps. Shelle, I apologise for having hijacked your thread. Back to our regularly scheduled programming ...
	Go that way really, really fast. If something gets in your way, turn. -- Charles De Mar


shelle	Oct 25 2008, 05:10:21 AM Post #10
Yacker Posts: 26 Group: Members* Member #2,863 Joined: Oct 18, 2008 I come from... Los Angeles, CA I now live in... Los Angeles, CA I'm planning to move to... Sydney, AU	Quote: Shelle, I apologise for having hijacked your thread. Back to our regularly scheduled programming .. Not at all! It's really helpful for me to read about everyone's experience. I totally relate to what you and Silver are saying! Actually, my plan kinda falls along in your footsteps ^_^ Quote: Silver, this was pretty much my situation -- spend some time here, check the place out, make sure I wouldn't feel like I'd moved to another planet and that Michael and I are capable of sharing quarters and still loving one another ... I was reassured in a flash, and the rest has just been about finding a way to hang around long enough -- legally, whatever that means in this context lol -- to get the de facto process started This is EXACTLY my dilemma. My boyfriend lives in Sydney and we really want to try to work things out in person (I'm currently in California). After living in SoCal for most of my life and since I'll be finishing up school, I'm soo ready to start fresh somewhere new. When I visited Sydney, I really enjoyed everything about the city. I'm hoping a holiday work visa will give me the chance to explore the daily life side of things. It really seems daunting though.. I'd like to find someplace where I can love what I do, but the 6-month restriction on the visa just feels so limiting That's why I was asking about getting sponsored, but wasn't sure if that was illegal or if potential employers would be turned off by that.



JohnDoe	Nov 27 2008, 05:26:31 PM Post #11
Piker Posts: 2 Group: Members Member #2,948 Joined: Nov 27, 2008	Working Holiday 417 is a qualifying visa for obtaining 457 sponsorship. Work and Holiday (for US cits) is not. Therefore you'd need to apply from offshore.



shelle	Dec 10 2008, 10:34:34 AM Post #12
Yacker Posts: 26 Group: Members* Member #2,863 Joined: Oct 18, 2008 I come from... Los Angeles, CA I now live in... Los Angeles, CA I'm planning to move to... Sydney, AU	Now I know this is illegal, but a friend of mine on the WH visa landed a job and her bosses turned a blind eye to the 6-month work restriction. She'll be working there for a full year, non-stop. How common is this? I don't get how they're getting away with it when they have to file taxes at the end of the year...?



TerritorianTori	Dec 10 2008, 11:10:28 AM Post #13
Dance to disco Posts: 4,774 Group: Admin Member #1 Joined: Feb 14, 2007 I come from... Rio Grande Valley, Texas I now live in... Darwin, Northern Territory, Australia	I don't know how common it is, but I suspect that if she violates the conditions of her visa by working beyond 6 months, and Immigration finds out about it (which is very likely when she files her taxes), both she and her employer will be in hot water. The penalties can be pretty severe; she could not only be kicked out of Australia quick-smart, but restricted for up to 5 years. If I was her, I'd get out of that situation. But that's just me.
	South Texas to the Northern Territory - since 2004 I'm a huge fan of... Angry Video Game Nerd \| The Big Bang Theory \| Doctor Who \| Pet Shop Boys \| Yanks Down Under ~ Americans living in Australia Avatar by Sketch Shop Boys


shelle	Dec 10 2008, 12:35:11 PM Post #14
Yacker Posts: 26 Group: Members* Member #2,863 Joined: Oct 18, 2008 I come from... Los Angeles, CA I now live in... Los Angeles, CA I'm planning to move to... Sydney, AU	That's what I thought too! I figured Immigration would catch onto what's going on when my friend and her firm filed taxes... I don't see how they'd really get out of that. I'm really surprised because her workplace seems like a reputable place, but maybe they're planning on sponsoring her before the 6 months is up. Either way, I'm definitely going to warn her.



blarg	Dec 10 2008, 04:48:52 PM Post #15
True Blue Mate Posts: 977 Group: Members** Member #2,865 Joined: Oct 18, 2008 I come from... Portland, Oregon I now live in... Sydney Area, NSW	Well, if they're dodgy enough to ignore the 6 month restriction, then I wouldn't be surprised at all if they pay her cash/under the table for the second 6 months as well, with the nice little side benefit of not having to pay tax on the money. I'd tell her to run, and to run fast. You don't want to play around with your immigration status, unless you enjoy things like Interpol and getting to tick the "yes I've been deported from another country" box on every incoming passenger card to go anywhere for the rest of your life.



dave2006	Dec 11 2008, 11:05:56 PM Post #16
True Blue Mate Posts: 867 Group: Members** Member #207 Joined: Feb 19, 2007 I come from... TX, IL, CA, NM, OH :) I now live in... Melbourne I'm planning to move to... East Coast, USA!	blarg Dec 10 2008, 04:48:52 PM Well, if they're dodgy enough to ignore the 6 month restriction, then I wouldn't be surprised at all if they pay her cash/under the table for the second 6 months as well, with the nice little side benefit of not having to pay tax on the money. Ah, undeclared income. Well if one is going to break the law, I suppose they may as well go all the way.


« Previous Topic · Immigration & Visas · Next Topic »