Refuse to sign paperwork for second year WHV

irishmover

Hey.

Girlfriend and her brother will be finishing the 88 days regional work this day next week. They've been doing wwoofing on a chicken farm. I believe the only way to prove they have met the criteria is with a 1263 form and references from the owners of the chicken farm as it's completely unpaid.

These people have been awful the entire time they have been there. Treating my girlfriend and her brother terribly. They just got back from a day off yesterday and today the owner demanded ridiculous things of them and harassed my girlfriend all morning which reduced her to tears.

These guys are no strangers to backpackers as one person left the farm the day my girlfriend got there. They have the forms and obviously understand what's involved having dealt with them before.

However this recent outburst has caused concern for them fulfilling their role and signing the documents for the second visa.

They've definitely done the right work. Worked in the right area. Will have the days completed next Saturday. However it being unpaid have no other way of proving it apart from the owners doing their part.

Anyone got any experience of this situation? Contact immigration but is there anything they can do if these people refuse to sign the papers? They'll only have about 50 or so days left until first visa runs out so going doing the work again somewhere else isn't an option.

Cheers.

Batgurl

irishmover wrote: »

Hey.

Girlfriend and her brother will be finishing the 88 days regional work this day next week. They've been doing wwoofing on a chicken farm. I believe the only way to prove they have met the criteria is with a 1263 form and references from the owners of the chicken farm as it's completely unpaid.

These people have been awful the entire time they have been there. Treating my girlfriend and her brother terribly. They just got back from a day off yesterday and today the owner demanded ridiculous things of them and harassed my girlfriend all morning which reduced her to tears.

These guys are no strangers to backpackers as one person left the farm the day my girlfriend got there. They have the forms and obviously understand what's involved having dealt with them before.

However this recent outburst has caused concern for them fulfilling their role and signing the documents for the second visa.

They've definitely done the right work. Worked in the right area. Will have the days completed next Saturday. However it being unpaid have no other way of proving it apart from the owners doing their part.

Anyone got any experience of this situation? Contact immigration but is there anything they can do if these people refuse to sign the papers? They'll only have about 50 or so days left until first visa runs out so going doing the work again somewhere else isn't an option.

Cheers.

Do they have bank statements to show they were in the area? Photos on the farm? Videos? Letters addressed to them that were delivered there? Get them to compile as much evidence as possible then google the company ABN number online and submit without the form but with as much evidence as possible and a letter stating that despite multiple attempts at getting the farmer to sign the form, he refused. Be prepared for a fight though.

A complaint to the state office of Fair Work might also be in order. So that they can show they are actively disputing it and so that the farmer may not do it again.

irishmover

Batgurl wrote: »

Do they have bank statements to show they were in the area? Photos on the farm? Videos? Letters addressed to them that were delivered there? Get them to compile as much evidence as possible then google the company ABN number online and submit without the form but with as much evidence as possible and a letter stating that despite multiple attempts at getting the farmer to sign the form, he refused. Be prepared for a fight though.

A complaint to the state office of Fair Work might also be in order. So that they can show they are actively disputing it and so that the farmer may not do it again.

Yes they'd have statements on a weekly basis showing they were in either Maitland or Newcastle. Plenty of photos and I can tell them to maybe take videos showing the farm, the room they stayed in them at one of the chicken houses etc just to show them physically being there.. Myself and my girlfriends mam have sent letters there but not sure if she still has the envelopes. They were given the ABN by the woman of the farm before they arrived so can source that no problem. We'll look into making a complaint aswell to Fair work if it comes to that.

Thanks.

Also once it's all sorted and they've got their second visa, regardless of if the forms were signed or not we'll be warning people against going there.

Thankfully I've never been on a WHV!

Zambia

A stat dec stating the reasons the farmer has not signed would be handy.

However he has not refused yet so proceed as best they can

mandrake04

irishmover wrote: »

Yes they'd have statements on a weekly basis showing they were in either Maitland or Newcastle.

Maitland and Newcastle are not in regional areas.

irishmover

mandrake04 wrote: »

Maitland and Newcastle are not in regional areas.

Maitland is the nearest town to where they work. Which is 2 hours north west of Maitland in postcode 2311 which is a regional area. Don't believe there's anywhere within their post code between the farm and Maitland which has an ATM or eftpos.

So showing those statements which would have had money movement once a week would atleast show they were in that area for the last 3 months.

mandrake04

I'd say if the farmer has had a history of this they might have a case, but they have to prove they done 88 days work. Being in the area proves nothing, they could have been working cash in hand around the lower hunter or even if the farmer admits they worked at his place he could say they only worked half the days they are claiming.

Bear in mind when asking for the benefit of doubt can you guess which nationality has the worst reputation for fraudulent 2nd WHV applications?

NiallSORo

Irishmover

If Form 1263 cannot be produced, then financial records are generally the only evidence accepted. The following is a ctrl-v is from Immigration's policy manual:


Acceptable evidence of specified work includes:

• a completed employment verification form (form 1263) signed by the employer and/or

• original or certified copies of payslips, group certificates, payment summaries, tax returns, employer references, an original Australian bank statement covering the period of declared specified work, or equivalent documents.


However, there is more:

Visa applicants who cannot provide a form 1263 should be asked to provide alternative evidence as indicated above (for example, from the Australian Taxation Office). If the applicant cannot provide alternative evidence, a statutory declaration may be provided, but only in limited circumstances

I would suggest, given the nature of wwoofing, that "limited circumstances" would encompass your girlfriend and her brother's situation.

It is also worth knowing that if the employer denies the work was done (or provides any other adverse information) then they would receive 28 days to respond before the visa was refused. This is when any other supplementary proof may come in.


Niall O'Rourke
MARN1277929