# Overstayed in NZ, want to get an Australian WH visa



## Ichiban (Jul 22, 2012)

Hello,

I am french, currently living in France and would like to apply for an Australian working holidays visa but i am worried i could not be granted one because of the following matters.

In 2009 i fled to New-Zealand with a working holidays visa and eventually landed a job there. Then my boss wanted to keep me for a while so we applied for a work visa. Unfortunately we did this very close to the date of expiry of my WH visa and one piece of the application was missing (or to be exact, it was a copy and not an original). When i finally could complete my application, my Wh visa had expired and i sent the missing piece with an explanation of why i was applying while holding no valid visa. They later mailed me explaining i wasnt supposed to apply but they would still let me do so because of the circumstances. Unfortunately, they did not grant me the work visa and asked me to leave the country which i did 4 months later. Overall i stayed in NZ for 8 months after my WH visa expired (four months to get my work visa denied and another four to settle things up and leave).

At the airport, i told the immigration officer what i just told you and he seemed quite shocked. He left with my passport and asked me to wait. Ten minutes later, another officer handed me my passport withtout saying a single word and i flew back to France. In the end, i do not know if i am subject to a ban or if i am even considered as an overstayer (nothing was stamped or written in my passport).


Now, should i explain all of this in my Australian application ? I mean, i know i should but i really want to go to Australia so wondering is more likely to be successfull. They are specific questions such as: 

-have you been living in a foreign country for more than 3 months in the past 5 years (dates or arrival and departure required which would show my overstaying)
-left any country to avoid being removed or deported?
-been excluded from or asked to leave any country ?

The answer to the two last questions is "yes" because when denied my work visa i was told that i was then remaining unlawfully in NZ and had to leave as soon as possible.

Thanks

PS: also i have got a new passport now so there is no evidence of my travel to NZ in it (it also had a new isue number)


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## Boboa (Mar 24, 2009)

Australia and NZ share common border database, so regardless of you declaring it or not they will eventually find about it. I would declare that I have been in NZ and overstayed (i.e. by XX months), I would also include a cover letter where I would outline exactly what happened. Since NZ immigration didn’t give you anything in writing, it seems they accepted your reasons and that should be good enough.
In these case I wouldn’t think below is applicable to you.
-left any country to avoid being removed or deported?
-been excluded from or asked to leave any country ?


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## Ichiban (Jul 22, 2012)

Boboa said:


> Australia and NZ share common border database, so regardless of you declaring it or not they will eventually find about it. I would declare that I have been in NZ and overstayed (i.e. by XX months), I would also include a cover letter where I would outline exactly what happened. Since NZ immigration didn't give you anything in writing, it seems they accepted your reasons and that should be good enough.
> In these case I wouldn't think below is applicable to you.
> -left any country to avoid being removed or deported?
> -been excluded from or asked to leave any country ?


Thanks for your quick reply !

Hm, that is a very critical point you tell me they share border database, thanks for that ! That would mean that even if i issued a new passport they should have no problem figuring out what happened in NZ. I just wonder if they will though...

Well, concerning the questions the answer to both of them is "yes" because when i was told my work visa was denied i was also told that i was then remaining unlawfully in NZ and had to leave the country which i did 4 months later (i will edit my first posts to make that clear). Also when you answer yes to one of these questions you have to give details.

Does that change anything ?


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## rufa (Apr 16, 2012)

Hi ich

What boboa says is probably the best path TO follow. don't hide por give false information, at any point, because if they find out, and it will just makes matters worse. Because then they will think your hiding more things.
After all you did everything buy the book, you left as requested and if nothing was said/ nor any written warning given too you at rhe airport it's probably all ok and accepted by immigration. So explain everything in your letter and it should be fine

All the best!


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## Filogirl (Dec 3, 2012)

Boboa
Hi the question below is my concern as well since i have overstayed in an Asian country 18 yrs ago. Now, I don't know whether to answer it with a "NO" or tell the immigration the truth that might make my chance small of getting a Tourist Visa..
How's your application? 

-been excluded from or asked to leave any country ?


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