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please visa wizards! In a right pickle! extending 6 month work limit?


ollsta

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due to my own negligence, I am in a bit of a pickle! I got offered sponsorship as a head chef through my job which I started last april when i arrived in Oz. We applied for 457 in July which was (very wrongly) refused in november and now am currently in application to the MRT. I was under the impression on application for a 457 i went onto a bridging visa, this is not the case and now I have been working with the same employer for close to a year. Im not too sure what i can do, besides keep quiet and hope for the best, but id much rather come clean and admit my ignorance to the DIAC however i don't think they will take this lightly. Do I have any other options?

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You need to take advice from a registered migration agent - you do not go on to the bridging visa a until your original visa expired, so yes you have breaching your conditions of your whv. You should have applied to extend the 6 month working limitation after you applied for the 457.

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yes I am currently seeking advice from an agent. I wish I'd used one in the first place and I'm sure this could have all been avoided. DO you think i can apply for a permit to work even after breaching the conditions?

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Agreed, you need a good agent to sort this out. Immigration and the tax office are linked now, so there will be no hiding it.

 

ANd as pointed out, even had your bridging visa kicked in yet you could still only work for them for 6 months until you had requested permission to extend the 6 months.

 

Are you using an agent for the MRT? if not, I'd probably get one to look over that too to see if you have any chance at all of actually having the decision reversed. More often than not it wouldn't be reversed.

What reason did they turn you down on?

 

Try George Lombard, Go Matilda or @ABA

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I don't see this having a happy ending. Firstly, you must resign your job immediately or take immediate and idefinite leave of absence. You are in breach of your visa and can no longer claim you don't know. I would leave Australia as soon as possible so that, hopefully, your WHV is allowed to expire rather than being cancelled. You would miss out on the MRT but you are unlikely to win that anyway, especially since you were in breach of your existing visa when your 457 was initially rejected.

 

Just my thoughts - an agent might call it differently.

 

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