overstay a whv visa

danotroy

I have searched through old posts but cant find anything relevant. My girlfriends roommate is Norwegian and she recently left australia to thailand for a few weeks she came back this week and realized her visa is up on saturday i dont know the ins and outs but she applied for an extension as she wants to stay for another few weeks and got refused within an hour they told her to stay around the office and they asked her a few questions and they told her there and then no extension she contacted a visa lawyer and applied again today and got refused straight away again. She is starting a course in london in june so all she wanted was an extra few weeks before she had to head home to norway for a bit before london. so my question is instead of leaving in 2 days can she book a flight for say 20th of march and leave without any consequences.

Persons who overstay their visa by more than 28 days may become subject to an exclusion period that prevents them from being granted a temporary visa to travel to Australia for three years. This exclusion period applies whether they leave voluntarily or not.

Even after the exclusion period has finished, the person cannot be granted a visa unless they repay any debt they owe to the Commonwealth, including for costs of removal, or they make satisfactory arrangements to repay their debt.

Further information is available on the department's website.

taking from this i would assume it means she will be illegal and run the risk of getting deported if she gets caught between now and her outbound flight but if she manages to not get caught between now and then and leaves immigration wont do anything to her?

feel free to move to another thread if needs be mods.

hussey

danotroy wrote: »

so my question is instead of leaving in 2 days can she book a flight for say 20th of march and leave without any consequences.

Short answer is no. They have refused her twice, she knows she has to leave, immigration at the airport can deal with her

taking from this i would assume it means she will be illegal and run the risk of getting deported if she gets caught between now and her outbound flight but if she manages to not get caught between now and then and leaves immigration wont do anything to her?

Immigration are present at the airport, if she is going to leave the country then she'll have to face immigration.
As to what immigration will do - who knows: nothing; slap on the wrist; ban from Australia; night in asylum/deportation with costs; these are all valid outcomes.
If I was to guess I would say a ban from Aus, 3 weeks overstay after being rejected twice doesn't leave you with any defence.

This could be worst case scenario : http://www.irishecho.com.au/2013/02/26/overstayer-hit-with-bill-for-deportation/23655

danotroy

thanks Hussey..... it seems to be a grey area and is dependant on the immigration officer that you get whilst leaving i feel that she should leave she should of sorted this out ages ago and not come back with a week on her visa. Thanks again.

AnthonyCun

I think that the ban period has been extended from 3 to anything up to 10 years.

danotroy

met the girl in question just before i had to run to work. she had a lawyer with her today and they asked for an extension cause she wanted to sell all her stuff they said they would give her 7 days extra for 220 dollars or 28 days for 400 dollars. She forked out close on 800 dollars over the past two days in her two refusals and then they tell her they can give her 28 days bridging visa with full working rights for 400 dollars. i know she is in the wrong but it all seems like a bit of a money spinner. If i was her i would of done things differently but still to tell someone they can buy 28 days for 14 dollars a day is a bit of a kick in the teeth after spending close to 600 on visas.

Batgurl

danotroy wrote: »

met the girl in question just before i had to run to work. she had a lawyer with her today and they asked for an extension cause she wanted to sell all her stuff they said they would give her 7 days extra for 220 dollars or 28 days for 400 dollars. She forked out close on 800 dollars over the past two days in her two refusals and then they tell her they can give her 28 days bridging visa with full working rights for 400 dollars. i know she is in the wrong but it all seems like a bit of a money spinner. If i was her i would of done things differently but still to tell someone they can buy 28 days for 14 dollars a day is a bit of a kick in the teeth after spending close to 600 on visas.

I highly doubt she'll have working rights. Friend of mine was granted this bridging visa after 457 was ended abruptly and needed more time to find work or get his stuff in order. Was given an extra 28 days but was only allowed attend interviews, no working

Rubadubchub

This is ridiculous in my opinion.

"She just wants another couple of weeks" - She has been here for 1 or 2 years. That is ample time to travel and see the entire country.

"So my question is instead of leaving in 2 days can she book a flight for say 20th of march and leave without any consequences." - This is the ridiculous part. Its basically saying if i break the law and get caught will they let me walk away without any consequences... With the current publicity that illegal immigrants are getting from the media and the burning hatred that the Australians i know have for people coming in and abusing the country I wouldnt think so. Good luck!

"It seems to be a grey area" - Its fairly cut and dry to me - Your visa has expired get out of the country. If she wants to gamble on leniancy from a random Immigration officier who probably deals with this crap everyday then shes brave because it could go horribly wrong and could end up looking very very silly and banned from the country.

"If i was her i would of done things differently but still to tell someone they can buy 28 days for 14 dollars a day is a bit of a kick in the teeth after spending close to 600 on visas." - Its amazing what happens when you get a lawyer that specialises in this and they point you in the right direction. If she had of done that from the start she would of saved a lot of money.

Personally i think you can knock the system and say its a "money spinner" all you like but we all entered the country knowing the rules. "I didnt realise that i had to leave so soon" is not an excuse. She should have planned her trip better.

danotroy

i know she should of planned her trip better i only asked for advice. There are so many holes in the immigration system i just find it a bit cheeky to ask for 400 dollars for an extra 28 days. The girl in question is only on her first WHV she arrived did her farm work and after that she did a 3 month course in order to study under someone who would get her into a london private school. which she has now gotten so doesn't want her 2nd year visa right now she is only 21 so has ample time to activate her second year visa. Just simply doesn't want to go home to norway for a few weeks. I simply think language barrier may have caused her trouble on first application even though her english is perfect but in tense situation she may have got scared. She said they asked her why she didnt do her farm work if she wanted to stay. She said she did hers they told her that its the wrong visa shes applying for so she tried to explain the situation but they just refused it.

If i was her i would of stayed in thailand till her visa ran out and came back on an ETA. 2 people i know got their ETA no questioned asked. one girl had done 2 years then spent an extra 6 months on a tourist did a visa run and got refused applied again got refused, went to asia for a few weeks applied for an ETA got it and has spent the best part of the last year here.

It does seem to be a grey area it says on the immi "Persons who overstay their visa by more than 28 days may become subject to an exclusion period that prevents them from being granted a temporary visa to travel to Australia for three years." I think this is a grey are.

Rubadubchub

"I know she should of planned her trip better i only asked for advice" - No you stated that your friend was about to do something illegal and then asked people on a forum to confirm that there would be no consequences if this illegal activity was carried out.. Not exactly asking "wheres the best steak in Perth" now are we?

Lets look at this from the Australian Governments point of view-

"The girl in question is only on her first WHV she arrived did her farm work" - Congratulations you dont just have to stay for another few weeks you can stay for an entire year because you have completed regional work.

However she "doesn't want her 2nd year visa right now"
-Then please leave as your years Working Visa has expired.

"After that she did a 3 month course in order to study under someone who would get her into a london private school." - Irrelevant

She "has ample time to activate her second year visa. Just simply doesn't want to go home to norway for a few weeks." - OK so she plans on using her second year visa in the future..and has already spent her first year on the WHV but she should be allowed an extra few weeks in the country because....She is different to the rest of us and the rules dont apply?

"She said she did hers they told her that its the wrong visa shes applying for so she tried to explain the situation but they just refused it." - Because what she is trying to do is bending the rules. She has been granted a 2 year working holiday visa but instead of using her second year wants to be granted an extra special 3 weeks so that she doesnt have to use her second visa because she wants to swan off to London for a few years.

"There are so many holes in the immigration system i just find it a bit cheeky to ask for 400 dollars for an extra 28 days." - I dont think this is a hole in the system..I think this is a person using a Visa designed for special circumstances to get an extra few weeks holiday in the country.

"Persons who overstay their visa by more than 28 days may become subject to an exclusion period that prevents them from being granted a temporary visa to travel to Australia for three years." - What is the grey area? If you are reffering to the 28 days bit it means that if you overstay by 28 days you will be barred from Australia unless you have a really good reason otherwise. It doesnt mean that overstaying your visa by 27 days is not illegal and doesnt say that there will be no punishment for doing this.

FernandoTorres

This kind of reminds me of those people who book a Ryanair flight and bring a suitcase with 30kg and then are shocked when they are penalised and asked to pay more. The rules are there for all to see. You said you think it's "cheeky" they are making her pay $400. I would say it's cheeky trying to overstay her visa. She's in the wrong, I reckon she should just accept what she gets!

fasttalkerchat

FernandoTorres wrote: »

This kind of reminds me of those people who book a Ryanair flight and bring a suitcase with 30kg and then are shocked when they are penalised and asked to pay more. The rules are there for all to see. You said you think it's "cheeky" they are making her pay $400. I would say it's cheeky trying to overstay her visa. She's in the wrong, I reckon she should just accept what she gets!

I have no problem with them asking her for the extra $400, my issue is that it looks like they charged her for extension applications instead of just offering this in the first place.

danotroy

i dont know why your getting worked up rubadubchub. Your invidious tone is most unappealing. Anyway there is a huge grey area she went in today went straight to reception showed a flight for the 24th of march asked was there anything they could do. Extension granted no cost.

danotroy

fasttalkerchat wrote: »

I have no problem with them asking her for the extra $400, my issue is that it looks like they charged her for extension applications instead of just offering this in the first place.

yes thats why i think they are being cheeky. 290 x 2 for the visas $580 lawyer $250 (which is her own expense nothing got to do with immigration) and $400 dollars they wanted its alot for someone on a visa fair enough she should of done this different and i have no pity for her. However to walk in today and get a quick extension seems arbitrary.

danotroy

FernandoTorres wrote: »

This kind of reminds me of those people who book a Ryanair flight and bring a suitcase with 30kg and then are shocked when they are penalised and asked to pay more. The rules are there for all to see. You said you think it's "cheeky" they are making her pay $400. I would say it's cheeky trying to overstay her visa. She's in the wrong, I reckon she should just accept what she gets!

I have no problem with ryanair their rules are set in stone. They do not budge they do not offer alternatives you read the rules you cannot bend them. I have never ever been caught by ryanair and i flew with them over 65 times in one calendar year.

Rubadubchub

"I dont know why your getting worked up rubadubchub." - To be honest this kind of thing really didnt annoy me at all when i first arrived. But after hearing the same argument over and over from backpackers who whinge and whinge about being treated unfairly and "the flawed system" you get fed up with it. You are not the first nor will be the last person to cry your lamps out about the big bad Australian Government being unfair and not giving them an extra months holiday even though you have been well informed about the terms of your Visa.Instead of sucking it up and accepting the fact that your friend overlooked her visa expiry date and she should be making plans to leave you cry and come on public forums to get people to help justify your methodology for breaking the law.

"Your invidious tone is most unappealing." - Welcome to a public forum. Im sorry if you wanted everyone to agree with you and tell you that your little friend was doing the right thing by breaking the law but tuff.

"She went in today went straight to reception showed a flight for the 24th of march asked was there anything they could do. Extension granted no cost." - Im sure this really did happen. :rolleyes:

danotroy

Rubadubchub wrote: »

"I dont know why your getting worked up rubadubchub." - To be honest this kind of thing really didnt annoy me at all when i first arrived. But after hearing the same argument over and over from backpackers who whinge and whinge about being treated unfairly and "the flawed system" you get fed up with it. You are not the first nor will be the last person to cry your lamps out about the big bad Australian Government being unfair and not giving them an extra months holiday even though you have been well informed about the terms of your Visa.Instead of sucking it up and accepting the fact that your friend overlooked her visa expiry date and she should be making plans to leave you cry and come on public forums to get people to help justify your methodology for breaking the law.

"Your invidious tone is most unappealing." - Welcome to a public forum. Im sorry if you wanted everyone to agree with you and tell you that your little friend was doing the right thing by breaking the law but tuff.

"She went in today went straight to reception showed a flight for the 24th of march asked was there anything they could do. Extension granted no cost." - Im sure this really did happen. :rolleyes:

I shall not take your bait and bite back I have a tad more decorum in a public forum. This is not my friend she is my girlfriends housemate. I was simply trying to ascertain whether she could extend her visa in a sentence yes she could but at enormous and unnecessary cost. Immigration are very personable therefore i was asking the forum for advice which some provided. You say when you first got here it didn't bother you much now it does when something bothers me I stay clear I don't go on a forum and sneer at others on a subject I have it would be a counter intuitive endeavour. It is not all pub talk about visa extensions.

FernandoTorres

danotroy wrote: »

I have no problem with ryanair their rules are set in stone. They do not budge they do not offer alternatives you read the rules you cannot bend them. I have never ever been caught by ryanair and i flew with them over 65 times in one calendar year.

I don't know the ins and outs of how immigration works here but I do know if you overstay your visa you're into unknown territory that's not worth getting into. A bit of planning and common sense wouldn't have gone astray but you said this yourself.

Rubadubchub

danotroy wrote: »

I shall not take your bait and bite back I have a tad more decorum in a public forum. This is not my friend she is my girlfriends housemate. I was simply trying to ascertain whether she could extend her visa in a sentence yes she could but at enormous and unnecessary cost. Immigration are very personable therefore i was asking the forum for advice which some provided. You say when you first got here it didn't bother you much now it does when something bothers me I stay clear I don't go on a forum and sneer at others on a subject I have it would be a counter intuitive endeavour. It is not all pub talk about visa extensions.

Well someones found the synonyms button on their computer! Fur coat no knickers comes to mind. You have too much decorum for me and have tried to use fancy words to sound better yet your initial question was regarding your girlfriends housemate illegally staying in the country in breach of her visa - "so my question is instead of leaving in 2 days can she book a flight for say 20th of march and leave without any consequences"

"You say when you first got here it didn't bother you much now it does when something bothers me I stay clear I don't go on a forum and sneer at others on a subject" - Oh get off your high horse. You dont like to "sneer" you just like to talk about your girlfriends housemates illegal activities? Im bored and have another 2 hours in work. Believe it or not this is my entertainment. You wanted an answer so you got one.

"It is not all pub talk about visa extensions" - Its pretty much the same argument

Zambia

It's a bit like buying a car if you don't know what your doing it will cost you.

Xavi6

danotroy

Xavi6 wrote: »

Haha I have no clue. As for big words? I did pass English and got a D in my leaving cert. I do not come on here to troll during work. Thanks for help room available northcode Mon 25 th of march 120 a week.

hussey

Rubadubchub wrote: »

Fur coat no knickers comes to mind.

Mod Don't get personal, attack the post not the poster .... that goes for you too DanOfTroy.

token101

danotroy wrote: »

i know she should of planned her trip better i only asked for advice. There are so many holes in the immigration system i just find it a bit cheeky to ask for 400 dollars for an extra 28 days. The girl in question is only on her first WHV she arrived did her farm work and after that she did a 3 month course in order to study under someone who would get her into a london private school. which she has now gotten so doesn't want her 2nd year visa right now she is only 21 so has ample time to activate her second year visa. Just simply doesn't want to go home to norway for a few weeks. I simply think language barrier may have caused her trouble on first application even though her english is perfect but in tense situation she may have got scared. She said they asked her why she didnt do her farm work if she wanted to stay. She said she did hers they told her that its the wrong visa shes applying for so she tried to explain the situation but they just refused it.

If i was her i would of stayed in thailand till her visa ran out and came back on an ETA. 2 people i know got their ETA no questioned asked. one girl had done 2 years then spent an extra 6 months on a tourist did a visa run and got refused applied again got refused, went to asia for a few weeks applied for an ETA got it and has spent the best part of the last year here.

It does seem to be a grey area it says on the immi "Persons who overstay their visa by more than 28 days may become subject to an exclusion period that prevents them from being granted a temporary visa to travel to Australia for three years." I think this is a grey are.

Hang on, she spent 800 to get a bridging visa or whatever you call it, but didn't want to spend the 3 or 400 to get the second year visa? Why didn't she just take up that? She can't use the second year visa at some stage in the future so she might as well have taken it.

hussey

token101 wrote: »

Hang on, she spent 800 to get a bridging visa or whatever you call it, but didn't want to spend the 3 or 400 to get the second year visa? Why didn't she just take up that? She can't use the second year visa at some stage in the future so she might as well have taken it.

"so doesn't want her 2nd year visa right now she is only 21 so has ample time to activate her second year visa."

That's why.

But DoT is right ETA was the common-sense approach, but lack of planning has cost her close to a grand .... no body to blame but herself, but she's 21 and english not first language, people make mistakes, only human.

danotroy

Just an update on this situation. Ive been working 60 hour weeks for the past month in two different jobs and I haven’t been round my girlfriends place. Went for drinks with my girl last night and her Norwegian was with her. The story goes that she went into imi with a flight for 24th march and they gave her an extension. She checked her visa status mid-march to print out the extension she had ams she was worried she might be detained after watching an episode of border control. Turns out she had been granted the three month holiday visa she was initially fighting for. So now she is leaving on the 15th of May

Zambia

The best option with DIAC is to simply tell them what's going on.

They are not ogres, as long as you don't try and avoid them.