Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

NZ Visa

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
aheslop View Drop Down
Newbie
Newbie


Joined: 20/October/2009
Location: Australia
Posts: 2
  Quote aheslop Quote  Post ReplyReply Direct Link To This Post Topic: NZ Visa
    Posted: 20/October/2009 at 20:10
I have overstayed my working holiday visa which i obviously wish i hadnt but certain circumstances occurred...anyway i now wish to apply for a year working holiday visa to new zealand. What are the chances of me getting it.And what can i expect from immigration.

MartinO View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 20/October/2009 at 20:34
That is a hard one, put in your NZ application and if it granted get over there quickly.

Good luck.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

confusedkewpie View Drop Down
Newbie
Newbie


Joined: 23/March/2007
Location: Australia
Posts: 17
  Quote confusedkewpie Quote  Post ReplyReply Direct Link To This Post Posted: 21/October/2009 at 09:07
How long have you over stayed your working holiday visa?

If you have stayed less than 28 days you will unlikely face an exclusion period from australia (which is 3 years) and it will unlikely affect your application for a NZ working visa. but I'm not a lawyer so please talk to immigration even anonymously.

If you have stayed longer than 28 days then you will be best speaking to immigration, tell them you are arranging plans to leave and they will likely question you before you can leave the country. So, probably best to apply for working holiday visa online now for NZ. However, I am not too sure how connected Australia and NZ databases are, and if you have a stamp or notice put in your passport when you leave Australia, NZ could refuse entry because they could be concerned you will stay unlawfully in NZ as well.

I am in similar situation with a partner.... there are loop holes, but it gets very complicated and best to talk to a professional!

aheslop View Drop Down
Newbie
Newbie


Joined: 20/October/2009
Location: Australia
Posts: 2
  Quote aheslop Quote  Post ReplyReply Direct Link To This Post Posted: 21/October/2009 at 20:41
i overstayed by a year and half:(

confusedkewpie View Drop Down
Newbie
Newbie


Joined: 23/March/2007
Location: Australia
Posts: 17
  Quote confusedkewpie Quote  Post ReplyReply Direct Link To This Post Posted: 21/October/2009 at 21:39
if you have compelling reasons or circumstances you may be able to appeal/waiver the exclusion period (which is 3 years).

I would definitely talk to immigration anonymously or even call IRAC (Immigration advice and rights centre) www.iarc.asn.au you can call them between 2pm-4pm on tuesday and thursdays for advice. They may be able to tell you whether or not you will be impacted from getting a working holiday visa for new zealand. Even call the NZ immigration and ask how oversatying an Australian Working Holiday Visa may impact getting one in NZ.... What country are you from? Check NZ immigration site to see if there are any other visa's that might be applicable to you. You'll feel better talking to someone and knowing what is the reality of the situation, but remember to get couple points of view before acting.

MartinO View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 22/October/2009 at 01:49
I have to disagree with some of the above advice, often public servants lose paperwork or are slack, if you call them even anonymously you will have alerted them to be on the lookout for you. As things stand you are going to get deported and face an exclusion period of 3 years plus get a bill for any expenses they incur picking you up and deporting you.

If you just apply for a NZ visa and it is granted, off you go, but you still face the possibility of getting deported if someone is on the ball, it may not happen if you slip through the cracks.

Good luck.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

confusedkewpie View Drop Down
Newbie
Newbie


Joined: 23/March/2007
Location: Australia
Posts: 17
  Quote confusedkewpie Quote  Post ReplyReply Direct Link To This Post Posted: 22/October/2009 at 09:09
just a query....if you are an over stayer and just go to the airport to board a flight out, would they pick up on any computer/database that you have overstayed?

MartinO View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 22/October/2009 at 09:42
Probably but I would imagine that as you are leaving no one would be too worried, I may be wrong about that, perhaps someone in that situation will let us know.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

SoonFlyinSolo View Drop Down
Newbie
Newbie
Avatar

Joined: 24/May/2011
Location: New Zealand
Posts: 2
  Quote SoonFlyinSolo Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2011 at 23:53
I know from personal experience that yes they do know that you have been illegal when you're leaving, you show up on the system as an overstayer as soon as you have overstayed and their records don't show you as having left the country. immigration can call you and ask you why you haven't left.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.