Tricky Australian Visa Situation-all help Much Appreciated!!

DonnaBella.DD

Hey Guys

Have a situation and Any help on the matter would be very appreciated as I cant seem to get much info!!

My boyfriend and I would like to go to Australia within the next year or so, Problem is he went in 2009 on a year holiday working visa, only stayed about 3 months and only completed around 8 weeks farm work! Also while he was working he was put on the wrong tax code by employers and when he came home and applied to get his tax back they told him he actually owed Tax when he didn't!!!!

We want to know if there is any way to get him back in without him having to pay thousands for a visa!!!

Any help would be So Helpfull!!!!:D

hussey

He only has a few options
1) Holiday visa, no work, just a 3 month holiday
2) Apply for a job from ireland and hope to get sponsorship (this is difficult)
3) You get a job + sponsorship and add him on a defacto

His WHV route is gone, regardless of spend 1 year or 1 hour in Australia. It's gone.

lg123

As hussey outlined, the whv option is finished, you could both go to NZ on a whv.

What other option are you suggesting he can pay thousands for?

DonnaBella.DD

A few friends have told us to just apply again for a working holiday visa as they have done so and been successful. Obviously this isn't secure and I doubt he would have much luck to do so!!

The option to apply for residency costs around five thousand. But this is definitely not an option for us.

It just seems like there should be an easier way and as a barber I don't think he would have much look to get sponsored.

CatFromHue

If you want to go on a Working Holiday somewhere with better weather than Ireland and in Australasia go to New Zealand.

DonnaBella.DD

We want to start off in Australia as I have family and friends there that we haven sen in a long time and havent really thought into New Zealand as much!!

hussey

DonnaBella.DD wrote: »

A few friends have told us to just apply again for a working holiday visa as they have done so and been successful. Obviously this isn't secure and I doubt he would have much luck to do so!!

100% bullsh*t - they are talking out their arse, the aussie government is not stupid, can easily detect such things

It just seems like there should be an easier way and as a barber I don't think he would have much look to get sponsored.

I'm afraid not

lg123

hussey wrote: »

100% bullsh*t - they are talking out their arse, the aussie government is not stupid, can easily detect such things

This might be BS but it's worth a try, it's not your problem if they give you a visa and it's their error.

What are your intentions in oz? Is it purely a 1yr working holiday or is it a stepping stone to spending a longer time here working?
He is a barber, what do you do? Any qualifications?

hussey

lg123 wrote: »

This might be BS but it's worth a try, it's not your problem if they give you a visa and it's their error.

It's not 'worth a try' they turn you away at the airport and ban you for a number of years, if you believe wasting a grand+ on flights then by all means 'give it a try'

crushproof

lg123 wrote: »

This might be BS but it's worth a try, it's not your problem if they give you a visa and it's their error.

Nonsense, it's not worth a try at all, unless you want be deported on arrival to Oz and most likely barred from the country. To be honest OP, you're not left with too many choices, NZ looks like the best option for work. Unless your boyfriend wants to keep on coming over a 3 month tourist visa until the vague chance that you get offered sponsorship.

It's just like "yer man down the pub" who got his 3 month rural work signed off by a friend of a friend husband in law.

mandrake04

I love the pub talk posts, let us know how you get on OP

Warpspeed

Hey, Weve just arrived back in Oz and had a similar problem to you. My girlfriend had already used her working holiday visa. We both had been here for 3 months last year on a holiday visa but wanted to return to work here with intention of getting sponsored. So I got my 1 year working holiday visa and she bought a 6 month holiday visa which stated on the particulars that she has multiple entries to Oz for one year from date of purchase of visa for no more than 6 months at a time.
I also have a friend that was here on a 6 month holiday visa and just went to the embassy when this was due to end and got another 6 month extension without having to leave and come back.
Obviously while here on a holiday visa you are not legally allowed to work.
Hope this provides another option.

DonnaBella.DD

Thanks Warpspeed! was your GF able to work while on he visa she bought and if so how much did that cost her? that seems like the mos sensible option as one of us may be sponsored!

Warpspeed

Legally you are not allowed to work while on a holiday visa <snip - please no illegal advice>. The visa cost €150.
We both went through australian immigration, one with a WHV and the other with 6 month holiday visa and no questions were asked. So from our experience you should be ok if you go down this route.
Best of luck!

DonnaBella.DD

Thanks A mil!!

kennedy2011

Warpspeed wrote: »

Legally you are not allowed to work while on a holiday visa but many people work for cash so you dont need a TFN(tax file number). The visa cost €150.
We both went through australian immigration, one with a WHV and the other with 6 month holiday visa and no questions were asked. So from our experience you should be ok if you go down this route.
Best of luck!

Great to see someone come back with some sort of advice instead of the usual critics above, I have just returned from oz after a year went over with a mate of mine he was on a 3 month hoilday visa as he used his year whv, he started talking to a few companys and managed to get sponsored, also another mate got sponsored and his girlfriend is defaco on it so if you managed to get sponsored your boyfriend can piggy back on it.

kennedy2011

hussey wrote: »

100% bullsh*t - they are talking out their arse, the aussie government is not stupid, can easily detect such things


I'm afraid not

the Aussie gov are Stupid when you can go online find your name get an abn and work away without paying tax, tax been reclaimed on people (TFN Been Stolen) , tax bills been run up on innocent people, never seen the likes of it, heard so many storys of it happening when i was there, people staying in the country on student visas everything, i dont know where your hiding in sydney but I met as much irish that was illegal out there as legal,

Hidalgo

Defacto is probably the best and cheapest option if one half of the couple have already used the WHV.

Your other half would be piggybacking on your visa, main requirement afaik is that ye have to be co-habitating for at least 12 months before hand. You'll probably need a lease agreement in both names, joint bank account etc as proof of co-habitation.

Batgurl

If your partner works illegally, even one day, on a Holiday visa, it can preclude him from any subsequent visas; de facto, sponsorship himself etc

Any despite what others say, the Australian govt are NOT stupid. They do a thorough research into these things when applying for longer, more permanent visas. And they take breaches very seriously.

So unless you plan on him working for the entire time you're there illegally, never applying for a further visa, constantly watching your backs and making sure you don't get so much as a bit drunk in public for fear a policeman will stop you and interrogate you further, it's never gonna work.

But you seem to be happy with the illegal advice so best of luck with that.

Cooperspale

I know 2 guys who have been deported, one labourer directly from his work site and other guy broke his leg in a traffic accident and was removed after he was well enough to fly.

There's enough to worry about in life without adding illegal work to the pot. Australia is a great country, respect its laws or don't bother coming.

d.pop

+1 on the respect Australia comment.

Lived in few houses in Sydney many years ago with various people, half of guys legal on whv's and other half illegal, overstayed.
Yeah sure, the illegals got occasional work at half rate of minimum wage but had to leave house everyday thinking they would not be back. Took wads of cash with them everywhere as immigration freeze your accounts once caught. 1 guy left of own accord, 1 guy caught in raid and barred for 5 years, 1 guy reported by his "buddies" because he owed money, wouldn't pay but out boozing every weekend, barred for 5 years. 1 guy went on to organize fake TFN's, tax dodges etc, he ended up doing time for fraud, 2 years with 3 suspended I think, then deported.
By the way many of the legal guys, myself included, returned to Oz later as residents.
The OP's boyfriend could come over on hol visa as suggested so they could be together but the OP should be prepared to support the boyfriend and suffer consequences of a deported boyfriend with no chance of returning to Oz if does something illegal.
Not worth the stress and risk in my opinion.

hussey

Mod No more illegal work suggestions please. Let's give the OP honest advice.

DonnaBella.DD

I have never said I was happy with or going to use the illegal advice, I created this to see what the options were.

d.pop

DonnaBella.DD wrote: »

I have never said I was happy with or going to use the illegal advice, I created this to see what the options were.

If permanent residency not an option then only option really is multiple entry Holiday visa for your boyfriend and WHV for yourself and hope you find enough work to support you both until circumstances change; such as sponsorship for either or both of you or just yourself and defacto for himself. Worse case nothing changes and you support him for 12-24 months!
Lucky man, 12 months all expenses paid trip to Oz, he'll have to leave beach around 4pm every afternoon though to get home and cook for you
Best of luck, hope it all works out for ye.

Mellor

DonnaBella.DD wrote: »

Also while he was working he was put on the wrong tax code by employers and when he came home and applied to get his tax back they told him he actually owed Tax when he didn't!!!!

Just on this point. If he only stayed 3 months then he didn't qualify as a tax resident so should have been on the highest tax rate. So it's quite possible that he does owe tax.

mandrake04

Mellor wrote: »

Just on this point. If he only stayed 3 months then he didn't qualify as a tax resident so should have been on the highest tax rate. So it's quite possible that he does owe tax.

and on that point when applying for a visa for example 457 or PR that would need to be addressed.

Debts to the Australian Government
You must repay, or have made arrangements to repay, any outstanding debts to the Australian Government, before a decision can be made on your application. If you do not pay these debts, your application could be refused.

http://www.immi.gov.au/skilled/skilled-workers/sbs/eligibility-employee.htm