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Thread: Breached visa terms with self employed work on student permit

  1. #1
    kryptonite is offline Junior Member
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    Default Breached visa terms with self employed work on student permit

    I came here on Feb 2011 to pursue post-graduate diploma in computing degree. I was offered to work from NZ part time from my previous employer for whom I worked for more than 2 and half years prior to coming to NZ. However, before commencing work, I consulted NZ based consulting frim (who helped me find my current insitution, accommodation etc here in NZ), clearly explaining the type of work offered and asking about NZ policies that apply to me. Becasue I was new here in NZ, and since they were only contact I had, I contacted them.

    The response from them was I can do work for my overseas employer but part time (20hrs/week) and need to pay tax next march. He confidently assured me not to worry, carry on the work and concentrate on studies. And so, I started working online from next month.

    Now, I've completed by degree and wanted to apply for Graduate job search visa. While I was still working for my overseas employer, then came the issue of being self employed.
    I was shocked when the guy from immigration helpline said I have been breaching my visa conditions by doing this work and the faith of my graduate job search visa now lies on the hands of visa officer who will handle my case. He said the best I could do is to show that it was not intentional. When I asked him the questions "Will my visa be rejected and I have to go back home?", his answer was that might be the case or may be not. Again, depends on officer handling the case.

    Fortunately, I had the email correspondence that clearly stated my question before undertaking this job and their reply which showed I can work according to them. I don;t know
    whether this will help me or not, but I am very worried about my situation. I fear I might have to go back for something I was not aware of and was given wrong advice.

    Moreover, I already found IT job (after I already applied for job search visa) of a contractor (again regarded as self employed but for NZ IT Consulting firm). But I came to know
    from immigration help line that it's legal on graduate job search visa, it is right ?. The employer is even willing to give me 2 yr contract given that I get my job search visa. My career and faith is dependent on this job search visa.

    It's christmas holidays and probably they will view my case after holidays. Till then, it would be anxious moment for me.

    What do you think ? Will I be deported ? Is there any hope that I would be granted job search visa even I breached visa conditions, unintentionally ?

    Thank you
    Regards

  2. #2
    MotherBear's Avatar
    MotherBear is offline The missing link
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    Default

    Quote Originally Posted by kryptonite View Post
    Fortunately, I had the email correspondence that clearly stated my question before undertaking this job and their reply which showed I can work according to them. I don;t know
    whether this will help me or not, but I am very worried about my situation. I fear I might have to go back for something I was not aware of and was given wrong advice.
    It is good that you kept this information because it shows that you didn't just go ahead and do it without first asking for advice. I would hope that would help you if you can show this to your case officer. You had some bad information so, as I see it, it isn't your fault. Try forwarding the email to the CO with a note explaining what happened when he/she is back in work.

    Good luck.
    Mother Bear

    Try to bloom wherever you are planted.

  3. #3
    nmm
    nmm is offline Junior Member
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    Default Got the visa ?

    kryptonite, did you get the job search visa finally ?

  4. #4
    kryptonite is offline Junior Member
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    Quote Originally Posted by nmm View Post
    kryptonite, did you get the job search visa finally ?
    Yes I did, and also started working now. I didnt want to take any chance so used an immigration lawyer.

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