Working many hours results in loss of student visa!
Working beyond the 20 hours allowed during their studies in Australia, is not something new among students who need to pay courses. But it's important to remember that there is a high risk for "working too hard" or not maintaining the adequate record of working hours!
Recently, a decision of the Federal Court drew attention and illustrated the following information:
“There are risks, and it is important to keep good records of the worked hours”.
Student visas are generally under some conditions, as the student visa holder cannot work more than 40 hours per fortnight, except during their School Holiday.
Take a look in what happen with this one international student in Australia:
The Department obtained Tax Services in Victoria that provided the registration numbers of each taxi that this student in question, has used to work, as well as the date and time of each of his shifts.
Unfortunately, for the visa holder, these records indicated that he worked over 40 hours every fortnight, during an year. In fact, the records suggested that he drove the taxi for more than 100 hours/ fortnight.
To try to avoid a cancellation, the student justified that he was not using the taxi only for work, but also for personal use, and further claimed that the records provided by the Taxi Services Commission did not reflect the actual hours he had worked. He also claimed that he often did not log off the tracing when he was using the taxi for personal use and that he often did not log off when you were not working at night, or when you were visiting friends between work for dinner or for a coffee.
Finally, he claims that he had worked only between 2-2.5 hours per night for each fortnight.
The Court accepted the allegation that the student did not always disconnect the tracking when he was not working, or when he used the taxi for personal use, but understood that these practices did not explain all the hours that were recorded in the tracking system. The Court declared that "work" is any activity where you are payed for.
There are some valuable lessons which can be drawn from this case:
- The first is to be aware that there may be recorded hours worked, and these records can be used as evidence in a case of visa cancellation.
- To be able to argue that electronic records do not “precise”, it is essential to have good and reliable records of the actual hours you worked.
#Tip: pay attention to the conditions of your visa and always keep good records enough, in case you need to rely on them someday.
Fernanda Souza | MARN 1797148
Phone: 0 390 806 672
Address: Level 5, 342 Flinders Street
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