Vittorio* has worked illegally in Australia for three years. First he worked more than the 20-hours per week limit allowed on his student visa and now he works full-time, paid cash-in-hand while on a tourist visa. He says this insecure lifestyle does not worry him, depsite risks of deportation and other penalties.
His story began like many others in Australia. He arrived Down Under with a Working Holiday Visa before turning 30, fell in love with the Lucky Country, and decided that one year in Australia wasn't enough.
Arriving on that working holiday visa in 2014 aiming to study English, Vittorio extended his visa for 12 months through an in Mildura, harvesting potatoes.
He then enrolled in an English course followed by another course in Business Management, which allowed him to stay in Australia for another two years on student visas at a cost of about $10,000 per year. He says that he violated the 20-hour weekly work limit of his student visas regularly due to cost-of-living pressures.
"I was certainly not the only student who worked more than the 20 hours per week allowed," he tells SBS Italian. "A student who's paying for his own studies simply cannot do it with a part-time job."
“Then I decided to find a cheaper way to stay in the country, and so I came back as a tourist," he says.
All together Vittorio has now left and entered the country with a tourist visa six times. He has traveled to Asia, South America and the United States, staying abroad for a few months each time to - he hopes - avoid suspicion.
Vittorio now works full-time as a barista for a cafe in Melbourne and gets paid cash in hand.
Vittorio is been working as a barista in a cafe illegally. (AAP) Source: Pixabay
Asked whether he feels exploited or underpaid in that work, he says "absolutely not," and stresses that he and the cafe owner "are helping each other" at a time when it’s hard for small businesses to survive.
"I am currently working illegally because I am forced by circumstances, but I’m doing my job with passion and I think I am giving something back to the community."
Vittorio says he's happy with his life at the moment and feels lucky to have a job and be where he wants to be.
"For me, having to leave the country and to come back is something that stimulates me... I’m someone who needs a bit of adrenaline…a bit of pressure. That's the reason why I’ve always wanted to travel and stimulate my self in many ways."
Serious penalties loom for Vittorio
Vittorio faces being deported and banned from applying for Australian visas for at least three years if he is caught for his visa violations, while his employer also faces serious financial penalties and jail time for employing him.
lawyer Gabrielle Marchetti does not see Vittorio's situation with optimism and says he risks vulnerability and exploitation in his work as well as penalties.
"Working on a holiday visa is illegal," she says. "Even if he doesn't feel that he seems to be in a very vulnerable situation."
"People in his situation, very precarious and without security, do not have the protection of the law".
Marchetti says many people are in circumstances like Vittorio's and says there are two main problems arising from working illegally. First, the employee won't have insurance coverage in case of an accident at work. And if the worker is underpaid, there is no way for their claim to stand up in court, as a judge would rule their contract invalid.
“Working on a visitor visa is against the visa conditions,” immigration agent Emanuela Canini also tells SBS Italian, explaining what kind of penalties could face anyone caught breaking the laws.
“If caught, the visa may be canceled and a ban of three years from applying for other temporary visas may be imposed. The employer can be punished as well, because allowing someone to work without permission is an offence, and he could face a hefty fine and up to two years of imprisonment.”
"I like this lifestyle and I don't know when I will stop," says Vittorio without remorse. "Perhaps this lifestyle could be stopped by life events."
Pressed on his plans for the future, his attitude becomes more cavalier.
“I'm not perturbed by my situation. I consider myself lucky to be living this life, but my friends are more worried about me than myself.”
* Name changed on condition of anonymity
