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Thread: help needed urgently!!!

  1. #1
    kiaora!! is offline Senior Member
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    Unhappy help needed urgently!!!

    kiaora everyone!!!!

    I m in a real dilemma!
    I lived in australia for the last 4 years and for the last few months had a tourist visa. I wasnt allowed to work but trained(fitness training) a friend of mine and he paid my rent in return .. complicated and long story!
    I was refused entry into australia in september as i breached my visa conditions and am now back in germany.
    i am engaged to a kiwi, we ve been together since march 07, he s still in australia and we r now planning to meet again in nz beginning of the year so i applied for a whs visa (i cant apply for pr yet as we havent lived together for the full year)
    they sent me an email saying because i breached my visa conditions in australia they think i will breach my conditions if they gave me the whs.
    now i have to comment on that..
    i m really unsure what they actually expect to hear from me?
    and do i have a chance to make them believe me that this will never happen again?
    i m so worried that i wont see my partner for months if i dont get this visa now!!!! does anyone have some good advice for me?
    cheers for your help!
    Simone

  2. #2
    Taffy's Avatar
    Taffy is offline He who shall be ignored
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    Hi Simone,

    What did you do that was considered a breach? Training your flatmate?
    Taffy

    The greatest mistake you can make in life is to be continually fearing you will make one.

  3. #3
    kiaora!! is offline Senior Member
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    hey taffy!!

    that was a bloody quick reply :) cheers!

    yea with the tourist visa you are not allowed to work and because i had trained my friend and received money from him (as he paid my rent) that was considered working..

  4. #4
    kiaora!! is offline Senior Member
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    haha just read it again..
    naaaaaaaah not my flatty
    just a friend... and dont think funny things! i went running with him and stuff like that so nothing naughty

  5. #5
    kiaora!! is offline Senior Member
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    problem is that they say that i ll breach my visa conditions again if they grant the whs .. but i m not sure why they d think that? i would be allowed to work ...
    what are the restrictions that they fear i will breach and how can i make them believe that i wont breach my conditions???
    maybe they think i d work for more than 3months with the same employer?

  6. #6
    Taffy's Avatar
    Taffy is offline He who shall be ignored
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    If you have to plead a case to INZ, I would suggest saying that you didnt think it would be considered as working, just helping a friend and him helping you in return. It's not like you had a full on job working for a top corporation and were trying to beat the system! I'm suprised Australia got so steamed up about it, to be honest.
    Taffy

    The greatest mistake you can make in life is to be continually fearing you will make one.

  7. #7
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    MotherBear is offline The missing link
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    I read a news article some time ago where some Asians on tourist visas were working for someone for their board and keep, but no wages. They were caught out and I'm not sure that they weren't being deported, so you can see that INZ takes this sort of thing very seriously.

    The only thing you can do, I guess, is try to reason with them. If you are engaged to your partner one would assume that you intend to marry him. You need to live together for a minimum of 12 months before he can sponsor you under the Partnership Policy so, being able to live together is vitally important to this issue. Explain that your end purpose is to marry your OH and live together legally in NZ but you can't comply with their requirements unless you're given the chance to be together and having a WHV will buy you enough time to do this. Your OH is a kiwi and it's feasible that he wants to have his fiancee with him. NZ badly wants its kiwis back home again where they belong, so make a case that he would only consider returning to NZ if he can be with you there. Maybe if INZ can see an end result i.e. you will marry him and want to stay in NZ the legal way and he will return to NZ (which is what they want) they might find it in their hearts to help you achieve this. It's not like you just want a WHV and that's that, you do have an end purpose in mind.

    Good luck.
    Mother Bear

    Try to bloom wherever you are planted.

  8. #8
    kiaora!! is offline Senior Member
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    wooooohoooooooooo guys you are absolutely fabulous!!

    info like they want their kiwis back is exactly what i need!

    i mean obviously we want to live in nz and start a family there
    our only options of being together are either nz or germany and as he doesnt speak german and was he to come here i d have to support him which means no family for quite a while and that s not what we want at all!
    also he s not so stoked about the idea of living in a country as big as nz with 20 times as many people haha

    yes we cant wait to get married! that s the first thing we ll do when we get back together, wherever that will be! but the problem i see is if i tell them that we are intending to settle there and this visa will buy me time, they will say, well you are not applying for the right visa, you are intending to settle here and the working holiday visa's purpose is only to travel and then leave the country again.
    it s really hard because whatever you say they can use against you!
    so to know what they want would be really helpful!

    why do they want their kiwis back so much? i guess they dont want to be a country made up of immigrants.. i guess my partner being maori would help then too because they do look after them dont they?
    lots and lots of questions, i m sorry :)

    re the working in australia, immigration is really really strict on that! in the act employment is defined as any work you do where as a reward you receive food, accommodation, clothes, money etc.. so employment is not only a job with a wage! it is anything that rewards you with something you need to survive!

    now that i ve already said that we just want to go there to travel, would it be a bad thing if i said we want to travel also because we have to find out if I would want to live there? i mean it is still a big move to go to a new country and of course we have to find out would i like nz, would he like germany.. etc etc
    i just keep thinking they dont want people to move there and just try to keep immigrants out..
    but hey i ll be the one bringing little kiwi babies into this world :) isnt that what they want the most?

    anyway your help has made my day start with a huge smile on my face! it s been so frustrating not knowing what to do and just being knocked back all the time when all i want is to be with my partner :( sad sad


  9. #9
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    What you need to tell them and what I assume they're hoping to hear from you is confirmation that you aren't going to do anything illegal while you're in NZ. If you state your case as having a kiwi fiance whom you are hoping to marry in the near future and your wish is to live with him in NZ, they will see that there's more to it than just you wanting to get into NZ. To make it more convincing (because I dare say a lot of people, as far as INZ is concerned, make up relationship stories to get into NZ) you need to explain further that your OH is currently in Oz but wants to return to NZ where you both will marry. Carry on to say that it's your OH's intention to sponsor you under the Partnership Policy but it will be impossible to comply with the 12-month living together ruling if you can't get to stay in NZ with him. Put the ball in their court and ask them, if they're going to refuse you a WHV or any other long term visa, how you can possibly resolve the situation. Above all be pleasant and polite as you're hoping to win them over. At least they're giving you a chance to comment on their decision so make the most of it.

    Fingers crossed that someone in INZ has a heart.

    NZ wants its sons and daughters to return home because so many have been leaving in the last few years. As you say, if it continues, NZ will be a country full of immigrants so the government has been trying to offer incentives to entice them home again.
    Mother Bear

    Try to bloom wherever you are planted.

  10. #10
    kiaora!! is offline Senior Member
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    Hi mother bear!!

    thank you soooo sooooo much, you dont know how happy I am to get some proper information that actually leads me in the right direction!
    even the embassy who have been really helpful dont really help you, all they say is just plead for them to allow you into nz.. but i always put myself in their position, they can see that i have breached my visa conditions before and are obviously for a reason worried that that will happen again.
    but to know what to say is really hard as words dont really mean that much, anyone can say, i promise i wont do it again!
    so anyway thank you thank you thank you!

    only thing i still dont understand is, the visa is supposed to be for holidays, if i say that i ll get married and try to stay to get pr then they ll use that against me and say sorry but this is the wrong visa!
    maybe that s why they assume i ll breach the conditions because i might not get the right visa for my situation!

    but the problem with the visa breaching is that that s a requirement for all temporary entrants, to be a bona fide applicant! were i to apply for pr that wouldnt be an issue.
    what if they say then he ll have to move to germany to be with u for those 9months until the 12months are full?

    also, even if i m married i ll still have to have the 12months is that right?

    i also hope my case officer has a heart :(
    but unfortunatelly emotions are never an issue with all this.. it s all purely what s on the paper and that is really sad

    anyway, i ll hope for the best and send my email off next week

    ps: they are obliged to allow u to comment before they make a final decision!

    cheers again!!!

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