Australian Visa Cancellation: All You Need To Know

Are you someone who got the blues because of those inevitable worries for Australian visa cancellation? If that sounds like you, then do know that you are not alone. After all, visas are a significant part of your life and future. However, there are ways that you can better deal with your worries.

You can always learn more about what Australian visa cancellations entails and what options you have, in case you are ever faced with one. Therefore, we have taken this opportunity to explore all the questions and concerns surrounding Australian visa cancellations. We hope this will help you with both avoiding any risks that may potentially lead to an Australian visa cancellation, as well as, make use of  all the opportunities that you have if your Australian visa gets cancelled.

What to do if my Australian visa gets cancelled?

• Firstly, you must consider making an application for appeal or another visa that may be applicable to you.
• Simultaneously, you should also apply for a bridging visa, which allows you to lawfully stay in Australia, as you await the outcome of our substantive visa application.
• Get in touch with the Department of Home Affairs or an Australian Migration lawyer to know more about your rights and obligations (that you might be subjected to).

How long can I remain in Australia after visa cancellation?

• After your visa has been cancelled, carefully check the Notice of Cancellation for an appeal option. If you are able to apply for an appeal then you can lawfully stay in Australia until a decision has been made on your appeal application. If your migration application is appealed to the Administrative Tribunal it could be at least 2 to 4 year before your case is assigned to a member. If your migration application is appealed to the Federal Court the current wait time can be at least 12 months before a hearing.
• In the situation where you do not hold any visa according to the Australian Migration Laws, you may be detained by the authorities if you fail to depart Australia by the specified date.
• If you aren’t sure what your options are after the cancellation of your current visa, then we would recommend that you seek professional consultation prior to departing Australia.

At Path Migration, we have a team of immigration lawyers who have dealt with many visa cancellation and refusal cases. Our team works closely with the clients and we have always been able to ensure lawful stay of our clients. We can help you apply for an appeal and get your visa cancellation revoked. In addition to that, the team can also help you apply for other visas that you may qualify for. For more information, or to discuss your case feel free to contact us, or just send us an email at hello@pathmigration.com.

What are the visa conditions after Australian visa cancellation?

• If your Australian visa has been cancelled, then you are no longer bound to any visa conditions, since you need a valid visa for those conditions to be effective.
• Your stay, however, will become unlawful in Australia, therefore, to avoid detention by Authorities, you must voluntarily depart Australia by the specified date or apply for another visa.

What happens during the interim period between receiving the Notice of cancellation and departing Australia or applying for an appeal? 

• After you receive the notice of cancellation you should ensure that you maintain your legal status in Australia by ensuring your bridging visa is still valid and if it is not, then you must apply for a bridging visa.
• While your case is waiting for a decision you should still maintain the conditions of the visa that was cancelled. For example, if your student visa was cancelled; then you should ensure you continue studying as this will be important evidence that will assist the visa Appeal.
• If you receive a notice of cancellation it is important to contact an Immigration lawyer as there are time limitations on applying for appeals and another visa.

What to do if my sponsored employer cancels my sponsored employee visa?

• As a sponsored employee your visa can be been cancelled due a number of reasons including:

1. You have been made redundant or you are asked to leave the company for breaching the employment contract.
2. Your sponsor has breached the conditions of Sponsorship and cannot sponsor employees.
3. Your sponsor has decided to sell the business and the new owners may not wish to continue to sponsor or change the ABN details of the new entity.

The above are some examples of why a change in the Sponsor’s situation may impact on your 482 visa. The next steps that you can undertake will be dependent on your particular situation. A couple of different options are explained below:

• If your a holder of Temporary Work (Skilled) visa (subclass 482), and your employment with your sponsored employer has ended prior to the expected date then you need to undertake one of the following actions:
  • You’d need to find another employer, who’d sponsor you.
  • Apply for another visa that you may qualify for; this could include Student Visa, partner visa or a training visa.
  • Prepare to depart Australia.
• If you believe that you have been let go unfairly, or you expect your employer might be letting you go soon, then we’d recommend that you seek legal advice beforehand so that you are prepared for the unexpected.

Can my employer cancel my 482 visa?

• The 482 visa can only be cancelled by the Department of Home Affairs. Actions taken by your employer can result in your 482 visa being cancelled. If there’s any change in your employment arrangement that may affect your visa, they are legally bound to notify the Department of Home Affair of those changes.

What happens to my Superannuation fund?

• If your visa has been cancelled or it expired, and you are departing Australia permanently, in that case you can access your super for free with the ATO’s DASP online system.
• Before you can access your superannuation you will need to provide a copy of your cancelled visa to the Superannuation fund.

Path Migration has helped many businesses sponsor new employees, therefore, the team can provide advice regarding the rights and responsibilities, and options for both sponsored employees and sponsor employers. Our team has wide experience in Skilled Migration visas, Business Skills migration visas, Employer Sponsored Work visas, as well as the Administrative Appeals Tribunal (AAT) Review, Judicial review and Ministerial Intervention. For more information, do not hesitate to contact us.

Can I cancel my visa?

• If your circumstances have changed and you’d like to have your current visa cancelled then you’d need to do that by writing to the Department for Home Affairs. It is important to note here that this process takes some time to process.

How to cancel my visa application?

• If you have recently lodged an application for a visa that you haven’t received an outcome for yet and now would like to withdraw your application, then follow these steps.
  • Log in to your ImmiAccount.
  • Click on ‘view’ to open your application.
  • Then select ‘Update details’
  • Finally click on ‘withdrawal of a visa application’ to permanently withdraw your application.
• Prior to withdrawing, do note if your current visa is a bridging visa or not. As the bridging visa might also cease if you withdraw the application based on which that bridging visa has been granted.

Can I cancel my appointment with the Department of Home Affairs?

• If you fail to show up on your scheduled appointment without any prior notification regarding the change, in that case the Department of Home Affairs will proceed with their decision on your visa application or your case as they deem the best.
• However, if you are able to provide a reasonable explanation for the failure to show up, you would need to provide your reasoning in writing to the case officer as soon as possible.

Why was my visa cancelled?

• You were non-compliant with your visa conditions. This can include:
  • If you are a student visa holder, and you are no longer enrolled in a registered course.
  • If you fail to fulfill the obligations to answer questions about goods on your incoming passenger card; or you fail to follow the directions given by a bio-security officer.
• You did not meet the character requirements
  • You have been sentenced to 12 months or more imprisonment.
• You have provided false information on your visa application
• You have been charged with paying for a visa sponsorship.
• To know specifically why your visa has been cancelled you need to check your Notice of Cancellation.

Will the visa application fee be refunded if the visa has been cancelled or visa application rejected?

• No, the visa application fee and the visa cancellation appeal fee are both non-refundable. Therefore, regardless of the outcome, the fee will not be refunded.

Can my Permanent Resident visa be cancelled?

• For those with a permanent visa, the risk of visa cancellations are still there like any other visa if you fail to comply with your visa condition.
• However, do note that unlike temporary visas, the permanent visas are slightly harder to cancel.
• These permanent visas can be cancelled regardless of whether you are located on-shore or off-shore.
  • In case you happen to be off-shore at the time of cancellation, the chances of you applying for an appeal becomes very difficult.
• Therefore, if you are anticipating that your visa might be cancelled, it would be recommended that you remain in Australia until you have received a final decision. This will allow you to utilize the option of filing an appeal.

Is it possible for a cancelled visa to be reinstated?

• After having applied for an appeal for a cancelled visa, if the Administrative Appeal Tribunal (AAT) determines that the prior cancellation decision has been incorrect, in that case your visa is no longer cancelled. Unfortunately, due to terminology, it’s not said that your visa got reinstated, rather, after the AAT’s decision, it’s treated as if the prior incorrect decision of visa cancellation never happened.

Do Permanent visa holders get deported?

• If your permanent visa has been cancelled and the AAT decides that the prior decision of visa cancellation sustains, in that case either you depart Australia voluntarily or you get deported from Australia by the immigraton authority.

Can the Permanent Residence visa be revoked?

• If the immigration authorities determine that your circumstances have changed so drastically that according to the laws and requirements on which you have been granted that permanent residence visa can no longer fit you, in that case your visa gets cancelled. Again, it’s a matter of terminology, that we say your visa is getting “cancelled” rather than “revoked”.
• One of the common examples of why your visa might be cancelled is if it has been discovered that you provided false information in your application.

Can a permanent visa expire?

• Usually permanent residence visas have a time limit, for example a 5 year validity.
• This time validity works slightly differently from other visas with similar validity.
• If the time limit expires, that means you’re still able to remain in Australia, however, your option of travelling overseas with an expired visa is curtailed. Unfortunately, if you depart Australia, you won’t be able to re-enter after that 5-year time validity period has expired.

What can lead to the cancellation of 186 visa?

• If it has been unearthed that either you or your sponsor employer has provided false or misleading information. This can be in relation to your skills for occupation based on which you are being nominated.
• Also if it has been found that the relationship between primary and secondary applicants is fake.

How to apply for an appeal against a visa cancellation?

• You need to check your Notice of Cancellation to see if you have the option of appeal or not.
• If you have the option to file for an appeal, then you must submit the application with the AAT by the given deadline on your notification letter.
• The application is made online.
• At the time of application, you also need to pay an application fee for your application to be reviewed.
• So that your stay in Australia does not become unlawful due to not having a valid visa, after filing for an appeal you can apply for a bridging visa.
• Another thing one must note is that generally the deadline for applying for an appeal for a visa cancellation is substantially shorter than that of visa refusal. Therefore, in case of visa cancellation one must act fast if they are to utilize all the opportunities present to them.

Visa cancellations under Section 501 or 501CA of the Migration Act 1958

• Unfortunately if you have been convicted for criminal activities for more than 12 months, a mandatory cancellation will apply to you.
• In fact, this Section 501 gives the Minister the power to cancel your visa if your criminal convictions equals or exceeds 12 months.
• If you receive a Section 501 cancellation it is very important that you make submissions within 28 days to the Department of Home Affairs. If you fail to respond to the cancellation your appeal grounds can be limited.
• Factors to consider that you may want to consider including in your submission to the Department of Home Affairs relating to the Section 501 is

• Disclose all your family members in Australia
• Discuss the nature of the offence and the reason it was committed
• Focus on the steps you have taken to not commit further offences; this could include training courses or rehabilitation.
• Outline the people that would be impacted if you are deported; for example children or elderly family members

What to do if your visa has been cancelled under Section 501?

• You would need to submit an appeal. You need to make sure that your application is very well presented with all the right documents and reasonings. As explained above it is very important to make submissions relating to the Section 501 cancellation as soon as possible. You must respond to the Department of Home affairs within 28 days.
• In case you are late meeting the deadline, you may still have a chance to lodge an application. We would recommend that you contact an immigration lawyer to help you with this.

At Path Migration, we have dealt with many visa cancellation and refusal applications. We have been successful in reinstated permanent residency for clients that have had their visa cancelled due to criminal activities relating to fraud and drug offences. The S501 submissions are very complex and it is highly recommended that you consult an immigration lawyer to assist with these types of applications.

At Path Migration, we have a wonderful team of immigration lawyers who are highly experienced and specializes in migration law. To book your personalised consultation please contact us or email directly to hello@pathmigration.com.

 

You may also be interest in: 

• Australian Border opening Advice
• Australia’s Travel Exemption
• Australian Migration: July Invitation Round 2021
• Tasmania Skilled Migration 2021- 2022: 190 and 491 visa
• Employer’s Guide For Foreign Workers Sponsorship under the 482 Visa Stream