Are you someone who got the blues because of those inevitable worries about 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 entail 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, making 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 an appeal or another visa that may apply 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 can 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 years 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 before departing Australia.
  

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/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 sponsoring employer cancels my Visa?

As a sponsored employee, your visa can be been cancelled due to several reasons including:

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• You have been made redundant or you are asked to leave the company for breaching the employment contract.
• Your sponsor has breached the conditions of Sponsorship and cannot sponsor employees.
• 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 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:

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• If you are a holder of a Temporary Work (Skilled) Visa (Subclass 482), and your employment with your sponsored employer has ended before the expected date, then you need to undertake one of the following actions:‍
• You’d need to find another employer, who can sponsor you.
• Apply for another visa that you may qualify for; this could include a Student Visa, Partner Visa or 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 Affairs of those changes.

What happens to my Superannuation Fund?

• If your visa has been cancelled or it expired, and you are departing Australia permanently, you can access your super for free with 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.

Can I cancel my visa?

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

How to cancel my visa application?

If you have recently applied for a visa that you haven’t received an outcome for yet and now would like to withdraw your application, then follow these steps:

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• 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.

Before 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, 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 can 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 fulfil the obligations to answer questions about goods on your incoming passenger card; or you fail to follow the directions given by a biosecurity 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 my visa application fee be refunded if the visa has been cancelled or 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 is still there like any other visa if you fail to comply with your visa condition. However, do note that, unlike temporary visas, 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, either you can depart Australia voluntarily or you get deported from Australia by the immigration 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, e.g. a 5-year validity. In this case, validity works slightly differently from other visas with a 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 a 186 Visa?

If it has been unearthed that either you or your sponsor employer has provided false or misleading information. This can be concerning your skills for the 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 appealing or not.
• If you have the option to file for an appeal, then you must apply 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 for visa refusal. Therefore, in case of visa cancellation, you must act fast if they are to utilize all the opportunities present to them.
  

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

You 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.

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You can read more about Section 501 here.

Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client. 

Path Migration strongly recommends readers to contact certified immigration lawyers for a holistic overview of the Australia immigration system and a detailed analysis of each case.