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QLD Immigration Law - Questions Regarding My Second Working Holiday Visa

Discussion in 'Immigration Law Forum' started by matt321, 15 November 2015.

  1. matt321

    matt321 Member

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    Hi there,
    I will now describe to you my problem. Just tell me what it cost me to get a reasonable answer. :)
    I'm not sure to what extent these issues are legal under Immigration Law, but an attempt is worth it.

    Preliminary facts about me. I am 27 years old, I came from Germany and I am a car mechanic by trade.In 2011, I worked for one year in Australia with a Working Holiday visa. Unfortunately, I have not completed my 88 days of farm work.

    Question 1: Does it makes sense to wait 7 years until my bank statements are deleted before applying again?
    Question 2: Has the DIBP permission to directly access my bank statements?
    Question 3: Should I get my 2nd visa approved, what are the risks to get checked again while being in the country or when applying for a 457 visa later on?
    Question 4: However, I am a trained automotive mechatronics but I have not worked in the last 2 years in this profession. Is there still a possibility to get a 457?
    Question 5: What are my chances in case my 2nd work visa is rejected to get a 457 after a 3-year ban for visa fraud?
    Question 6: In case I am going to be investigated, are there still possibilities to cancel my application without facing penalties apart from the application fee? (for example not responding to further question from the DIBP)
     
  2. Therese

    Therese Well-Known Member

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    Hi matt321,

    Has your working holiday visa expired and you are still in Australia?

    Q1 - My understanding is that waiting 7 years will not change your ability to apply for a second working holiday visa.

    Q2 - I believe that the DIBP would obtain the information about your bank statements from what you provide to them and that they would not have permission to access your bank statements directly unless you gave them permission.

    Q3 - It would not be advisable to apply for a second working holiday visa unless you meet the requirements. It is likely to be discovered that you were not eligible and as The Australian Government treats breaching laws very seriously, penalties would apply and future trips to Australia would be jeopardised.

    Q4 - My understanding is that the definition of skill does not have requirements of how often you practice your qualification.

    Q5 - There is a high chance that fraud would be discovered, I understand that The Department of Immigration pays very close attention to applicants.

    Q6 - Penalties would apply along with the Visa fee. It is not advised that you break the law.

    You can see the requirements to obtain a second working holiday visa here: Working Holiday visa (subclass 417)

    I would suggest that you get in contact with an immigration expert to discuss what options you have to remain in Australia legally. See Get Connected with the Right Lawyer for You
     
  3. matt321

    matt321 Member

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    Hi Therese,

    First of all, thank you very much for your reply :)

    I am currently back in Germany.

    I read that only 25% are checked by the DIBP and of the discovered visa frauds are not many from Germany, so a guess the possibility is higher than coming for example from India where they will have a closer look to the application.

    Q1: In case I wait 7 years and fake my bank statements and the other party (employers) statements are also deleted then there will be no proof of fake. Am I wrong?

    Q2: Unfortunately I must have worked 12 of the last 24 month in the profession I am applying for. Am I wrong with this?

    I know that I am facing a 3 years ban from Oz and NZ and a lifetime ban from the United States. But in case, my fine isn't higher than 5000 dollars than I think it doesn't make sense to open an international court case for this.

    Q3: Is the DIBP split into states, so if the DIBP Queensland fines me, can I still arrive in Western Australia?

    Q4: What about the statute of limitations in this case?

    Q5: Suppose I get my 2nd visa, will it be checked again when I apply for a 457? Any experience?

    Thanks in advance.
     
  4. Therese

    Therese Well-Known Member

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    Hi Matt,

    despite what you have read I would recommend not to do anything against Australian Law. Despite being from Germany, your application will still be considered following the correct procedure.

    The Department of Immigration in Australian does not work differently in each state so providing false information will affect entry into any Australian state.

    I would recommend finding a visa of which you met the criteria.
     
  5. Choc59

    Choc59 Member

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    Hi Matt,

    I don't really understand why you want to wait exactly 7 years to apply again for the visa.

    But if you're talking about re-applying for a WHV visa, and considering that you are already 27 years old, you will not be able to apply for a WHV again in 7 years, as this visa is only available for people under the age of 31 (or 30... Don't remember).

    Regards
     

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