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Working over 20 hours a week and next visa approved?
Old 1st July 2016, 06:31 PM   #1
lucawalt
 
Join Date: Jun 2016
Location: sydney
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Default Working over 20 hours a week and next visa approved?

Hi there,
I have one concern because I have been studying in Australia for 2 years carefully respecting the law and so not working over 20 hours a week.This fact cause me financial problem and massive stress and frustration all over these years.
Now I met this guy whose after studying two years in Australia he got sponsored in regional New South Wales and his visa was granted.
He admits that he has been working all the two years over 30 hours a week on average and DOIC didn't asked him anything about it and his Visa was granted and he is now permanent resident.
I am so disappointed and I would like somebody to tell me why there is this condition which if is waived by the applicant and he get along with that.
I have now four months of visa left and I am seriously considering to work more than 20 hours after this story?
Can somebody explaining why is like that?
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Old 2nd July 2016, 04:39 PM   #2
Zoltan Bertok
 
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Location: Wattle Grove, NSW
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Zoltan Bertok Registered Migration Agent
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"Can somebody explaining why is like that?"

If you will apply for a subsequent Student visa, say, the brand new Subclass 500, then a little but important part of the requirements is:

(b) the applicant intends to comply with any conditions subject to which the visa is granted, having regard to:
(i) the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any)
I you apply for Subclass 187 Regional Sponsored Migration Scheme, then there is no such requirement.
You may ask the lawmaker, why. I guess that he does not have a clue.

"He admits that he has been working all the two years over 30 hours a week on average and DOIC didn't asked him anything about it and his Visa was granted and he is now permanent resident."

Well, as I said, there is no need to ask, because there is no such requirement for the Subclass 187. He might have breached the conditions of the student visa, but if he got away with it while on the student visa, then he does not have to worry about it any more. He satisfied the requirements of the PR visa, so he got it.

If you will work more than 20 h/w, then you will have very good reason to worry, because you are still on the student visa and you have to obey the conditions attached to that visa. Students used to think that this whole migration system is just and equitable. No, it is not.
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Old 3rd July 2016, 08:15 PM   #3
lucawalt
 
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Location: sydney
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Thank you Zoltan, very clear explanation but I still don't get how can somebody get along with it while being on student visa. I mean, I thought that immigration and tax are connected. That is why to me was impossible to believe they didn't find out.
Anyway, of course I will not risk anything also because in one month i finish my course and then I ll be allowed to work full time for at least couple of months.
Thank you
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