farmer not signed 1263 form

[Pipsqueak]

Hi All

 

 

I recently did my rural work up in WA on a farm and after a couple of disagreements with the farmer I was told to leave.

Now my rural work counted towards my second year visa but the farmer has refused to sign the paperwork and is also holding two weeks of pay. He has also called the police claiming I have stolen from his house and farm etc (which of course I haven't). And also told co workers that he will do anything in is his power to stop me from getting my next visa.

 

I contacted immigration straight away about it but I got too completely different answers from two different people.

 

The first answer was - As long as I can prove evidence that I was there e.g bank statements of wages going in, photos, references from co workers etc. And also if I put in a claim with FairWorkAustralia (Which I have), then they cant refuse my second year visa application. Apparently because the farmer employed me on the conditions that is it was for a visa, he there for cant abuse the immigration system.

 

The second answer was - I can provide all of the above evidence but it is highly unlikely the second year visa will be granted as they need confirmation from the farmer that I worked definitely worked there (A signature on the 1263). And it is also down to the digression of the immigration officer who receives my application.

 

 

Now I would of just started my rural work all over again with someone new but unfortunately now I don't have the 88 days left on my visa.

 

 

I have heard of this happening to a few people since it happening to myself. But they have all simple just packed up and gone back home.

 

Has this happened to anyone you know or yourself?

 

What did you do about it and what was the out come?

 

Is it worth me still applying?

 

 

Any advice would great. I'm not a quitter and the last thing I want to do is pack up and leave and let this farmer get the better of me

 

 

Thanks

[Guest51810]

I cant help but wow what a nightmare. I hope it gets sorted out for you soon

[Rupert]

I can't see the downside in trying, but if you get a letter indicating that the visa is likely to be declined (it will give you the opportunity to retract the application), then it is best to do so, otherwise you are going to have a refused visa on your record.

[Guest The Pom Queen]

Have you statements showing he paid you. If so you have proof that you worked there. Also try and get a stat dec done by someone who worked with you, it may all help and chat with an agent

[Pipsqueak]

Aw thanks for the useful info. I didn't think immigration had to warn you when visa app's are going to decline.

I really don't want a refused visa on my record as I was waiting for my next WHV then I was going to apply for my PR (and the farmer knows this).

 

I have statements, photos, references from other co workers. I have references from fair work and work safe saying I have put a claim in with them. I can get a call list from Telstra stating the areas I was in when I made phone calls.

 

But surely on the other side... Immigration cant decline the visa if I have proof that I did the work?

I suppose you never really know hey..