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frenchCMM

Worked more than 40 hrs in mid semester break... will I have problems?

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Hello to allI am very very worried and maybe I'm in problems, because I worked more than 40 hours fortnight and my visa is tu 573... but, it was in the middle semester break in the university (2 weeks break 23 September to 4 October).I'm not sure if I will have problems with my visa or if I will have to show somehow that I was working more than 40 hours in the mid semester break.Please, can someone help me with this enquiry or how to solve it... thanks a lot for your help.Laura

 

 

 

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The DIAC website says: "You can work a maximum of 40 hours per fortnight when your course is in session and unlimited hours when your course is not in session." Their highlighting.

 

They go on to say: "The department considers your course to be 'in session' for the duration of the advertised semesters (including periods when exams are being held)...".

 

You would presumably argue that your course was not in session during the mid-semester break and so could work unlimited hours.

 

http://www.immi.gov.au/students/students/573-1/how-the-visa-works.htm

Edited by Quinkla

Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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If the work was done in the break between semesters like you said, then I don't see a problem.

 

http://www.immi.gov.au/students/students/working_while_studying/conditions.htm

http://www.immi.gov.au/students/students/573-4/how-the-visa-works.htm

I think it is a bit more of a grey area. Universities advertise the dates of semesters. The mid semester break is during a semester, not between semesters. However, these breaks are advertised on the university websites and an argument could be made that during that break, the semester should be deemed to be suspended. They are not billed as study time, exam time or revision time - they are genuine breaks. At worst, I would think the issue is grey enough that if DIAC had a problem with it (and I doubt that they would), they would just issue advice about future conduct rather than cancel a visa. The intention behind the rules is to stop people working in regular, full time jobs using a student visa when they would not be eligible for any other visa.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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I worked full time through all mine and never had a problem, as did most of the people I studied with.


Has two beautiful Aussie little girls :-)

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Have deleted the previous post I made to avoid confusion as it may be incorrect. Have just had a look at http://www.uq.edu.au/inclusive-practice/docs/Working_While_Studying.pdf which is written by the International Student Adviser at the University of Queensland. According to the document,

the DIAC Rule Maximum 20 hours week / 40hrs fortnight applies During semester (which includes 'mid semester break' and 'exam period')

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According to the document, the DIAC Rule Maximum 20 hours week / 40hrs fortnight applies During semester (which includes 'mid semester break' and 'exam period')

That's the only reference to the mid-semester break that I have found - so I doubt that it is gospel. My hunch is that the 40 hours per fortnight should apply during the mid-semester break but I think there is enough uncertainty that I doubt anyone would pursue it for fear of challenge. Plus, a genuine student working extra hours during a mid-semester break is not what the ruleis intended to catch.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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Although old, Deakin University has/had similar wording - link

 

Student visas and work entitlements

If you are in Australia under a Student Visa, you can work a maximum of 20 hours per week during the term and unlimited hours when your course is not in session.

You are allowed to work full time only when the university is not in session (mid and end of year semester break periods, not intra-semester breaks).

 

It may be that the intra-semester break rule has been relaxed/dropped by diac, but it does seem to have been in place at some point.

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Thanks to all for answer to my thread, some few minutes ago I talked with one assessor in the university, he told me that there will not be problem..... but I don't believe Him! Looks that he don't know too much about this. I still worried about this, maybe tomorrow I will go to he immigration office to enquiry about his issue.

 

Still, someone know what could happen to me if I assume that will be some problem?

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I think going to immigration to call attention to it would be a big mistake. If you're after an official answer/advice, a consult with a migration (many do free/low-cost initial consults) would be a much better avenue.


Applied for PMV 300: 18 April 2013 (Washington, D.C.) Police Checks: Front-loaded. Medicals: 3 June 2013 Meds Referred: ? Meds Cleared: 8/2013 PMV GRANTED: 03 JAN 2014! Married: March 2014. Applied for 820: 28 April 2014. 820 GRANTED: 07 July 2014!

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I still worried about this, maybe tomorrow I will go to he immigration office to enquiry about his issue.

Please don't. That would indicate that you think it is a problem and may force them into deciding that it is a problem. If you force them to look at it, you may not like the answer and cannot then plead innocence.

 

It would be better to carry on as you were, believing that you had complied with the visa conditions. In the unlikely event that anyone raises it, just say the dates you worked were outside the dates of the semester because they were in a designated break time - and the advice from your univeristy was that it was OK. But they won't raise it because they aren't interested in catching out a genuine student who wroked extra hours in a designated break.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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Thanks to all for answer to my thread, some few minutes ago I talked with one assessor in the university, he told me that there will not be problem..... but I don't believe Him! Looks that he don't know too much about this. I still worried about this, maybe tomorrow I will go to he immigration office to enquiry about his issue.

 

Still, someone know what could happen to me if I assume that will be some problem?

 

Sorry but why on earth would you wander into an immigration office about this?

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Still, someone know what could happen to me if I assume that will be some problem?

If they believe you have breached your visa conditions, they will cancel your visa, deport you and ban you from Australia for 3 years. But they do not want to do this. DIAC staff are human beings and they do not want to prosecute minor transgressions, particularly when the visa holder is trying to do the right thing. They would want to turn a blind eye. But if you force them to look at it, they will.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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I think going to immigration to call attention to it would be a big mistake. If you're after an official answer/advice, a consult with a migration (many do free/low-cost initial consults) would be a much better avenue.

 

You are right CollegeGirl, I don't want to expose the problem in the immigration office, but until now I made a mistake, I don't think that I will be deported, and the mid semester break or the visa was designed to catch people that want to work in this "mini vacations" to pay the expenses of studying here in Australia.

 

Although, I want to know what would happen to me? A visa is not like a bus ticket, there are so much to consider for any action and I want to be ready for the worst... I don't know....

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Quinkla's advice above is stellar... I would heed it and just go on about your business.


Applied for PMV 300: 18 April 2013 (Washington, D.C.) Police Checks: Front-loaded. Medicals: 3 June 2013 Meds Referred: ? Meds Cleared: 8/2013 PMV GRANTED: 03 JAN 2014! Married: March 2014. Applied for 820: 28 April 2014. 820 GRANTED: 07 July 2014!

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You are right CollegeGirl, I don't want to expose the problem in the immigration office, but until now I made a mistake, I don't think that I will be deported, and the mid semester break or the visa was designed to catch people that want to work in this "mini vacations" to pay the expenses of studying here in Australia.

 

Although, I want to know what would happen to me? A visa is not like a bus ticket, there are so much to consider for any action and I want to be ready for the worst... I don't know....

 

Just forget about it.

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Agreed. The time to ask this question was BEFORE you did the work. It is done, don't worry about it. Most people at the immigration office would only be guessing anyway. Loads of people on my course were told things which were not true by immigration. Just stick to your hours, and if you are that concerned don't do it again. You really are worrying for no reason.


Has two beautiful Aussie little girls :-)

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