# student visa cancellation notice



## rlal (Oct 23, 2013)

my daughter is studying in Australia on student visa from July 2012 doing post graduation. some one has complaint against her that she has work more than 40 hours allowed in many fortnight period. Immigration authority has served her cancellation notice and asked her to reply back with in two days. the period shown in the complaint is more then six month old and she hardly has any record to prove that she has not worked more than allowed hours.
will authority will cancel the visa on this type complaints.
If cancelled, what are the alternative for her to continue her study, which is till June 2014.


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## Guest (Oct 24, 2013)

They will have evidence that she did work more than the allowed hours. They do not send out these notices on the basis of someones compl without first investigating it and gathering evidence.


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## rlal (Oct 23, 2013)

Yes it might have been confirmed, as she knows , she has worked more for two time for the last one and half year.
Is now any thing my daughter can do to stop visa cancellation. Or how she can continue her study.
Another, can immigration officer forgive her as according to rule cancellation of student visa is now only officer's discretionary. Or Office has now no other choice except visa cancellation.


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## Guest (Oct 24, 2013)

No there is nothing she can do. If they have the evidence and she can not provide evidence to show it is not true or she has compelling and compassionate reasons for doing so (which is where officers discretion comes in) her visa will be cancelled. She has breached the terms of her visa and will be expected to leave the country and will receive a ban from entering the country for 3 years.


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## rlal (Oct 23, 2013)

Thanks for your reply. Just want to know if 3 years ban is applicable to all types of visas. I am asking this as she will be getting marry in Dec. 2013 in India with boy have permanent resident visa of Australia. Will she be eligible for partner or spouse visa in Dec 2013.


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## Guest (Oct 25, 2013)

Yes it is applicable to all visas. This is what happens when you break the law and don't comply with visa conditions


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## rlal (Oct 23, 2013)

Thanks again for your reply.
But she has conducted some lawyer, who confirmed that this ban is not applicable for Spouse, children and refugee visas. Can this be checked again & confirm.


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## Guest (Oct 25, 2013)

No that would only be the case if her partner was an Australian citizen. Why ask here if you have already spoken to someone who claims to be a lawyer? 

The ban applies unless the reverse of it would be for the benefit of an Australian citizen.


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## aman8181 (Jun 23, 2014)

*Noicc*

hi I am in the same problem I worked more than 40 hours fortnight. Immigration cancel my visa or they will give me warning and let me know what happen with your daughter
Thanx
Regardsn


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## sameer7106 (Apr 16, 2014)

aman8181 said:


> hi I am in the same problem I worked more than 40 hours fortnight. Immigration cancel my visa or they will give me warning and let me know what happen with your daughter
> Thanx
> Regardsn


Mate rules are rules.....if u break it then be ready for the consequences, there's no such thing like WARNING!! Sorry to say but sooner or later they'll cancel ur student visa and will impose a ban of 3 years as Shel said in his earlier post above.


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## aman8181 (Jun 23, 2014)

*Noicc*

Thanks Sameer but right now I haven't recieve any notice so, do I confess to immigration or just wait for their notice.


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## _shel (Mar 2, 2014)

aman8181 said:


> hi I am in the same problem I worked more than 40 hours fortnight. Immigration cancel my visa or they will give me warning and let me know what happen with your daughter
> Thanx
> Regardsn


 As said there is no warning. Your visa is cancelled and you receive a ban from Australia. 

If you wanted to stay in the country you should have abided by the terms of your visa.


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## aman8181 (Jun 23, 2014)

sameer7106 said:


> Mate rules are rules.....if u break it then be ready for the consequences, there's no such thing like WARNING!! Sorry to say but sooner or later they'll cancel ur student visa and will impose a ban of 3 years as Shel said in his earlier post above.


I haven't recieve any notice yet do I confess to immigration or just wait for their notice.
Regards


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## _shel (Mar 2, 2014)

aman8181 said:


> I haven't recieve any notice yet do I confess to immigration or just wait for their notice.
> Regards


 It depends on if you are pretty sure they know and will be contacting you or not?


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## aman8181 (Jun 23, 2014)

I am pretty sure my friend complaint to immigration so please tell me what can I do now I am really in a big trouble.


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## _shel (Mar 2, 2014)

aman8181 said:


> I am pretty sure my friend complaint to immigration so please tell me what can I do now I am really in a big trouble.


 Some friend! Why would they do that? 

If thats the case that they really would do that you need to speak to a registered migration agent asap and stop working! 

Are you attending classes?


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## aman8181 (Jun 23, 2014)

Yes My attendence is proper and I am doing Masters and I passed all my subjects.I don't work too much just 10-12 hours fortnight.


_shel said:


> Some friend! Why would they do that?
> 
> If thats the case that they really would do that you need to speak to a registered migration agent asap and stop working!
> 
> Are you attending classes?


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## _shel (Mar 2, 2014)

So if you are not working more than allowed why worry?


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## aman8181 (Jun 23, 2014)

I worked 10 to 12 hours extra thn my work limitations.


_shel said:


> So if you are not working more than allowed why worry?


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## tara.jatt (May 15, 2012)

Pretty balanced views.

Even if immigration use leniency to handle one such case, it can (read will) set a bad precedent for other similar cases, so I highly doubt immigration will be any soft on willful law breakers. 



rt00021 said:


> And *hey _Shel*, let's not scare the guys so much who are on student visa themselves and have heavy debts and responsibilities. Let's be humans too while being strong law supporters. For all we know, the daughter of rlal (who started this thread) might have managed to handle the authorities as I have seen many people succeeding at doing that though it's illegal to work for more hours. On the other hand, the authorities also understand that it's a question of degree and career for the students and they wouldn't like to spoil someone's future COMPLETELY for infrequent breaching of working hours limits. They won't be generally so harsh and might give a chance unless breaching is very very regular and apparently intentional. Again, doesn't matter whether one is from high risk country or not!
> 
> By no means, I intend to encourage people to work extra hours though. It's illegal!
> 
> ...


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## _shel (Mar 2, 2014)

rt00021 said:


> And *hey _Shel*, let's not scare the kids so much who are on student visa themselves and have heavy debts and responsibilities. Let's be humans too while being strong law supporters. For all we know, the daughter of rlal (who started this thread) might have managed to handle the authorities well and got the issue resolved with a minor punishment (if at all) as I have seen many people succeeding at doing that though it's illegal to work for more hours for sure. On the other hand, the authorities also understand that it's a question of degree and career for the students and they wouldn't like to spoil someone's future COMPLETELY for infrequent breaching of working hours limits. They won't be generally so harsh and might give a chance unless breaching is very very regular and apparently intentional. Again, doesn't matter whether one is from high risk country or not!
> 
> By no means, I intend to encourage people to work extra hours though. It's illegal!
> 
> ...


 Agree but it is the way the system is, based on Laws, policy and procedure. Its not about scaring anyone, it is the way it is. Unless you have some wonderfully compelling and compassionate reason for breaching the terms of the visa its cancellation. 

May I remind you of the forum rules particularly rule 2 http://www.expatforum.com/expats/general-expat-discussions/2397-forum-rules.html I dont care how many countries you have lived in or how many times you have seen people get away with this that and the other. The Law is the Law period. 

Dont know about any other country you have lived in but here in the UK and throughout most of Europe there are the same Laws protecting everyone. Some groups however due to their own choosing or situation do not make full use of them to better their situation whilst others do.


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## _shel (Mar 2, 2014)

rt00021 said:


> Buddy* _Shel, *completely in agreement with your logic! Btw, where does rule 2 of forum rules come into picture with regard to my post? I didn't disobey rule 2 anywhere. And, is there anything wrong in what I said? (breaking rule apart, since I have not). Also, I didn't refer to the rules/laws of protection in my post. I referred to the difference in humanitarian approach that different people/countries apparently have. It's crazy at times! So much of pretense and no values, buddy. Seeing that pretense I wonder at times how mechanized/robotic the system is where human values have no space and interestingly we call it more 'developed'! It's not about any particular country.


 Its developed because there are Laws which provide and at the same time stop abuse so they can continue to provide for those that need instead of wasting billions on abusers of the system, all systems be it education, health care, welfare.

People who abuse the Law cost money in doing so, more in what is paid trying to detect them, punish and rehabilitate them.

By having the sentence 'I'm not advocating but' doesn't mean you are not advocating when you quite obviously are.


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## _shel (Mar 2, 2014)

rt00021 said:


> Thanks for clarifying though I am not referring to law or legal system at all. My posts in this thread refer to two things: 1) Extent of law enforcement I have seen 2) Difference in humanitarian approach that different countries have and the respective instances of glitches and pretense. I am not advocating any country here. Every country has good and bad in different areas.


 All mostly bad in their own way, some just obviously so, others with a mask on pretending otherwise claiming to be fair, equal and democratic


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