How long can I remain in Australia after visa cancellation?
If your visa is cancelled and you have an option for another visa then you must immediately apply for that visa. You must also apply for a bridging visa. Bridging visas allow you to lawfully remain in Australia until a final decision is made in respect of the pending visa you have applied for after your visa cancellation.
If you can lodge an immediate application to appeal a decision that has been made to cancel your visa, then you will be able to typically stay in Australia until a decision is made in relation to your appeal application.
You are only able to lawfully remain in Australia if you hold a current and valid visa, whether it be a bridging visa or a substantive visa. If you do not hold any visa then it is a requirement of Australian immigration laws that, if you come to the attention of the authorities, you must be detained.
Must I depart Australia if my visa is cancelled?
If your visa is cancelled then you always have the option to depart Australia voluntarily. However, before making any decisions, you should seek independent immigration law advice.
You may discover that you do not have to depart Australia immediately or at all. Your independent immigration law advisor would be able to advise you if you have appeal rights and whether you can exercise those rights. If so, your cancellation decision may be set aside or the decision to cancel your visa may be revoked.
Can I get access to my superannuation payments if my visa is cancelled?
Yes, if your visa is cancelled and you are departing Australia with no intention to return then you may have a basis on which you can request your superannuation balance be made available to you.
Typically, you are unable to access your superannuation balance until you reach retirement age but departing Australia permanently may provide a basis for you to access these funds. This is a matter not for your immigration lawyer or migration agent but rather for your accountant.
What visa conditions apply if my visa is cancelled?
If your visa has been cancelled and you hold no other visa, then no conditions are applicable because no visa is in effect. Once your visa is cancelled you are in a difficult position because you are unlawfully present in Australia and you should seek immediate immigration law advice.
If possible, you will need to make an application for a visa and then be granted a bridging visa to avoid being detained.
Sponsored employee’s visa cancelled – Consequences?
The cancellation of an employee’s visa will only affect the sponsoring employer if the sponsoring employer has failed to discharge its own obligations in respect of the sponsorship approval granted to them by the Department of Immigration.
This means that if an employee fails to comply with visa conditions, the consequences for the sponsoring employer would not be significant. The sponsoring employer, if not complicit in the breach by the employee, is unlikely to have adverse sanctions imposed against them.
Is there a cessation of employment upon visa cancellation?
To properly answer this question you must reference the terms of the employment contract. I have seen many employment contracts where employment is conditional upon the employee holding a valid visa and any cancellation of that visa will likely trigger cessation of employment.
It is important to recognise that the cessation of employment might also occur without notice.
Can I request a cancellation of my visa?
Requesting the Department of Immigration to cancel a visa is quite difficult to do on an urgent basis, especially an employer-sponsored one such as a 457 visa or a 482 visa.
This might be very important for you to get done urgently as you are constrained by having to work with the sponsoring employer for such time as your 457 visa or your 482 visa is in effect.
Other than simply waiting for Immigration to move to cancel your visa (which has its own set of consequences for you if you then have a cancellation to deal with), a more palatable possibility is for you to lodge a further and new visa application and have that new visa granted. This will extinguish the 482 or 457 visa.
Can a registered migration agent cancel my visa?
Absolutely not. Your visa can only be cancelled by operation of law or by the positive action taken by an immigration decision-maker. Your migration agent or authorised representative can not cancel your visa.
Indeed, if your former migration agent, representative or immigration lawyer wishes to threaten this course of action, then you should immediately seek independent legal advice because such conduct or threat of such conduct would be contrary to the law.
How do I cancel my ImmiAccount visa?
You can not cancel a visa yourself. You need to have the Department of Immigration cancel your visa. A fast way of getting your visa cancelled is to obtain another valid visa for Australia.
This works because you can only have one substantive visa at a time so at the time the new substantive visa is granted to you, the Department will cancel your current substantive visa.
For example, if you hold a 457 visa or a 482 visa and you wish to leave your employer, you could then lodge a visitor visa and upon the grant of your visitor visa application, your 457 visa or 482 visa would be extinguished. Of course, in this example, you would not have work rights.
Can you cancel your visa application?
If you have lodged a visa application for Australia and then you change your mind about proceeding with that visa application, you cannot “cancel” that visa application. Rather you can simply withdraw that application before a decision being made on that application.
Be very careful before you withdraw any visa application because you might have been granted a bridging visa in association with the application you have made and any bridging visa you hold will usually expire after the withdrawal of any visa application.
Why was my visa cancelled?
In most cases you will typically receive a notice of the Department of Immigration’s intention to consider cancellation of your visa – this is called a NOICC. By taking a careful look at the notice you will be able to determine why your visa is to be considered for cancellation.
After your visa has in fact been cancelled, then you will usually receive a notification of cancellation or a decision record confirming the cancellation and the basis for the cancellation. You should seek immediate immigration law advice if you find that you do not hold a valid visa and that it is likely that your visa was cancelled.
I also suggest seeking advice from an immigration lawyer before contacting the Department of Immigration because you will need to be fully informed about your rights in respect of the cancellation from an independent party.
If you do not hold any valid visa then you are liable for arrest and detention according to Australian Migration laws. It would also be prudent to have your immigration law advisor investigate your current visa status on your behalf if that can be done immediately.
Of course, you will want to be sure to check the spam folder of your email inbox as cancellation decision records can often be found hidden in these folders.
Can a permanent resident visa be cancelled in Australia?
A permanent residence visa is simply just another visa and is liable for cancellation like any visa. Permanent resident visas are more difficult to cancel than temporary resident visas but permanent visas are cancelled all of the time.
A permanent residence visa can be cancelled whether or not you are in Australia at the relevant time or whether you are offshore at the relevant time of cancellation. The Department of Immigration may choose to take steps to cancel your visa whilst you are not in Australia because this will limit your appeal opportunities in most cases.
Accordingly, if you are concerned about having your visa cancelled then you should remain onshore so that you can maximise any opportunity for appeal rights.
How long does the cancellation of a visa take?
Visas can be cancelled without much notice, especially in cases of serious criminal conduct by the visa holder. However, in most cases, you will receive a notice of intention to consider cancellation and you will be given the opportunity to respond to this notice.
It may take three months (give or take a couple of months) in order to consider your response to the notice of intention to consider cancellation before moving to cancel your visa.
It is probably not a good idea to rush the Department of Immigration along while they are considering making this decision. There is no standard time frame in which immigration must make a decision in relation to your responses to their notice to you.
If the submissions you have made in relation to any notification from the Department lack substance or merit then of course your visa may be cancelled almost immediately.
How long does it take to cancel a visa?
The cancellation of a visa takes place at an instant in time however the period leading up to the decision to either cancel or refrain from cancelling a visa can take months.
What if I cancel my visa appointment with the Department?
If you do not turn up to an appointment that you have with the Department of Home Affairs then the Department may choose to proceed to take action in respect of the visa.
If you have a reasonable explanation for not being able to attend an appointment then you should present your reasons in writing to the case officer immediately after you become aware of your inability to attend.
How do I cancel my Australian visa application?
You may withdraw your visa application at any time before a decision is made on your pending application. It is not possible to cancel an Australian visa by yourself. Cancellation occurs by operation of law or by positive action taken on the part of a case officer at the Department of Immigration.
Is the Australian visa fee refundable if rejected?
It is usually impossible to get a refund of the visa application charge which is the fee that has been paid to the Department of Immigration at the time of making your application for an Australian visa.
In limited cases where the visa application is not able to be considered as a result of another decision, then you may have some scope to make an application for a refund of the visa application charge. However please understand that successful applications for a refund of visa application charges are extremely rare.
Can my visa be revoked?
Traditionally, in Australia visas are not revoked. Instead, visas are said to be “cancelled.” The term revocation is often used in Australian immigration law when a visa has already been cancelled and you are seeking to make a request to revoke the decision that has already been made to cancel your visa.
Your visa cannot be revoked rather it is a cancellation decision that is typically “revoked.”
Can a cancelled visa be reinstated?
In some circumstances, it is possible for a visa that has been cancelled by the Department to be reinstated. Typically, a case officer will cancel a visa after an application is made for a review of that decision, perhaps to the Administrative Appeals Tribunal (AAT). The AAT may then set aside the decision to cancel the visa, such that the visa might be said to be “reinstated.” Instead of “reinstated” it is better to describe the initial decision to cancel the visa as incorrect and to treat the later decision of the AAT as if no cancellation ever occurred.
Can permanent residents get deported?
Yes, permanent residents of Australia can be deported. This is what usually happens after their permanent residence visa has been cancelled and they have exhausted all appeal rights.
Typically, if appeal rights are exhausted and their permanent residency visas are lost, then individuals will take steps to remove themselves from Australia. Of course, in some cases, individuals will decide to stay or may not have the resources to exit on their own.
Under these circumstances, the individuals are likely to be detained and then ultimately assisted by immigration authorities to be forcibly removed from Australia.
Does my Australian permanent residency expire?
Once you have a permanent residence visa then it is technically possible to remain in Australia indefinitely. This is why it is called permanent residence. The difficulty is in relation to travelling abroad.
If you wanted to stay in Australia and never travel abroad then your permanent residency would not expire in the sense that you could stay in Australia forever. However, what is often misunderstood is that five years after the permanent residence visa grant, the re-entry facility expires.
Therefore, if you were to exit and re-enter after the five-year mark without a valid visa for re-entry, you would most likely be denied.
Can your permanent residence be revoked?
It is often the case where a visa, even a permanent residency, is granted in circumstances that were not correct or circumstances that have changed such as that it is not appropriate nor according to law for the visa applicant to continue to hold permanent residency.
As an example, making false statements as part of the initial visa application or because of serial criminal conduct. Permanent resident visa applications are then cancelled (rather than revoked). The term “revocation” is used in limited circumstances where the decision to cancel the visa might be revoked after an application is made for the decision to be revoked.
Can my employer cancel my 457 visa?
The first thing to understand is that employers cannot cancel visas. Visas can only be cancelled by operation of law or by positive steps taken by Immigration decision-makers.
What is possible is that employers can provide information to the Department of Immigration with a view that the Department will then move to cancel your 457 visa or your 482 visa or other employer-sponsored visas.
Employer-sponsored visas are subject to nomination requirements and sponsorship requirements as well as conditions in respect of employment. Breach of any of these requirements may provide a basis for the Department to take action to cancel your employer-sponsored visa.
How long do I have to find another sponsor if my employer ends my contract?
There was a time when you had only 60 days in which to find another sponsor and transfer your subclass 457 visa from one employer to another employer.
This period of 60 days has changed to 90 days more recently, which means that Immigration is unlikely to begin working towards cancelling your visa until after a “grace” period of 90 days is allowed for you to find another sponsor who may be willing to lodge a fresh nomination to which to link your visa and thereby relieve you of your obligations in respect of your first sponsoring employer and for you to commence working lawfully for your second sponsoring employer.
Once an employee ceases employment with an employer under an employer-sponsored visa arrangement then that employee should not work for anyone else in Australia because their visa requires them to work only for the previously approved and nominating/sponsoring employer.
You should take care not to start work for the new employer until such time as the new employer has lodged a valid nomination and that nomination is approved and linked to your visa.
Most common reasons for a 186 visa cancellation
Where evidence comes to the attention of the Department of Immigration that sees a visa applicant or an employer-sponsor as providing false or misleading information about skills held by the applicant or false or misleading information about whether the applicant was in fact employed as agreed. This also applies to the approved nomination either under the previous employer-sponsored temporary visa or the employment contracts relied upon for the grant of these 186 permanent resident visas. Another reason for 186 visa cancellation might result from a bogus relationship between a primary and secondary applicant.
Most common reasons for a 187 visa cancellation
The most common reason is if you never start working in a regional area and try to persuade the department that you have made all efforts to work in that role. Your 187 visa will be cancelled unless there is evidence before the minister that all possible efforts were to implement the contract and additionally if circumstances were completely beyond the employee’s control. Even then, there is a real chance that a case officer will exercise their discretion to make a finding that there was never any genuine position or any genuine employment for the applicant and the whole thing was a charade, executed to effect a visa outcome.
My visa’s cancelled! How many days can I stay in Australia?
Firstly you must understand that when your visa is cancelled then other visas you may hold including any bridging visa may also be cancelled.
It is usually the case at the time of cancellation that you will become an unlawful non-citizen in Australia. Australian laws require that if you are present in Australia and you do not hold permission to be here (a visa) then you are tagged as an “unlawful non-citizen” and you must be detained if you come to the attention of authorities while you are in Australia.
The most common way of extending your stay after a visa cancellation is to appeal against the decision to cancel your visa. In most cases this appeal of made to be the AAT however different rules apply depending on the basis or grounds for your visa cancellation.
The simple step of making an application for appeal will not mean that you are granted permission to stay longer in Australia. You should take the very important step to make an application for a visa that allows you to stay in Australia until a final decision is made on any review of the cancellation. One common mistake that applicants make is that they believe they automatically have an opportunity to appeal.
How to appeal visa cancellation?
Firstly any notification of cancellation of a visa will usually be accompanied by a letter from the Department Of Immigration explaining to you how you could possibly appeal the cancellation of your visa. It is important to read carefully but also to understand that it is not uncommon for letters to be incorrect in terms of the advice provided in them about appeal rights. It is also possible for these letters to be incomplete in that they might not give you ALL of the options… only some of the options available to you. For this reason, it is important to speak to an immigration lawyer about any steps you should take immediately after a visa cancellation.
The most common type of appeal against a visa cancellation is to appeal to the Administrative Appeals Tribunal (AAT). You will be required to pay a fee at the time of making the application in order for the Tribunal to accept the application however there are limited circumstances where you can negotiate to have this application fee reduced.
The applications are now done electronically and after you have received an acknowledgement of the filing of the application for the appeal, this will give you a basis with which to apply for the grant of a bridging visa from the Department of Immigration, so that your unlawful status is regulated and you are then no longer liable for arrest and detention.
You should do so quickly as the deadline for appealing against a visa cancellation is usually significantly shorter than the deadline for appealing against a visa refusal.
Section 501 Visa Cancellations for Criminal Records
If you have a criminal record, things look grim since 2015. MANDATORY CANCELLATION applies when you have conviction terms (sentences) if added together, totalling more than 12 months.
Immigration laws change faster than almost every other field of law. Immigration lawyers advising people with criminal records need to be very familiar with recent changes and policies.
Visa cancellations under section 501 of the Migration Act are now, by far, the scariest issue facing visa applicants who have a criminal record.
New Criminal Deportation Focus
Many visas have been cancelled since Ministerial Direction (Direction 65) was re-issued in December 2014. We’ve seen record numbers of visa cancellation cases because of criminal records.
When does s501 Visa Cancellation Kicks In?
Once the total of all of your criminal convictions equals or exceeds 12 months, this triggers the power under section 501 for the Minister to cancel your visa. It is just a matter of time before you’ll be served with a notice asking you why your visa should not be cancelled.
I can help with submissions as to why a visa that has been cancelled by a delegate of the Minister should be revoked.
Urgent revocation submissions are possible if the Minister has not acted personally to cancel the visa.
If the revocation of a visa cancellation is not allowed (eg. if the Minister decides to exercise the section 501 visa cancellation power personally) then it may be possible to make an application to the Federal Court of Australia to have the decision quashed for being legally unreasonable.
Only legally unreasonable decisions of the Minister will be struck down by the courts…And the courts have had a lot of opportunities to explore what is “within” the Minister’s power and “outside” his power.
The Minister must act “legally reasonably” when cancelling a visa. What is a ‘legally reasonable’ decision was considered in the case of Mas Eden v The Minister for Immigration in 2015 and on appeal in 2016? I represented Mas Eden on both occasions.
I was successful in the visa cancellation appeal of Amoorthum v Minister for Immigration. Clarel Amoorthum had his visa refused personally by the Minister after failing the character test. The decision to cancel was found to be legally unreasonable by His Honour Justice Tracey in the Federal Court of Australia in 2016.
Another case in which I represented a visa applicant who has had their visa cancelled under section 501 power is The Minister for Immigration v Tam Thi Le. My win in this case before the Federal Court of Australia was appealed by the Minister. A decision was handed down in 2016 by the Full Court of the Federal Court of Australia and is of particular interest to anyone who was ever granted residence based on being a refugee.
A case worth noting is EPL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 395 ALR 36; [2021] FCAFC 173. This is a case that is particularly important for clients who are incarcerated, and the timing of a response depends on matters outside of the prisoner’s control. The Federal Court in EPL20 invalidated a finding of the Administrative Appeals Tribunal (AAT) that it lacked jurisdiction to consider the applicant’s submissions due to untimeliness. When the Minister invites you to respond to a visa refusal or cancellation within a certain time period, the letter must “crystallise” when the notice was received; it must not be left to chance.
Section 501 Visa Cancellation Tips
# 1 – Make sure that your submissions are well presented if your visa has been cancelled under Section 501 – you have one big chance to make a difference to any cancellation decision.
#2 – The best time to act is early – ideally when you receive a notice of intention to consider cancellation of your visa. If this is not possible, you’ll need to know whether an application for revocation of a visa that has already been cancelled, is possible.
#3 – If you have run out of time, as Mas Eden, Clarel Amoorthum and Tam Thi Le all did, there may still be scope to lodge an application out of time. I’ve done this in all three of these 501 visa cancellation cases but you must have an arguable case, a reasonable explanation for the delay and show there is no prejudice against the Minister.
Call MyVisa to discuss your circumstances and what options you have.
Article on Section 501
Article: Sex offender David Degning loses court battle against deportation: Visa cancelled under Section 501 of the Migration Act
Sex offender David Degning loses court battle against deportation – application to the Federal Court unsuccessful – procedural fairness in Section 501 cases considered.
Your Experience?
Please share your comments with me.
I’d love to know more about your experience!
Jason says
Hi i have resided in Australia for the last 22 years. I have relocated permanently to another country now i want my superannation. Is there a way of getting those funds or a way of cancelling my permanent residency so Ican have said funds dispersed to my newe coutry of residence?
Bernie says
been granted permanent residency and my partner as my dependent under defacto relationship. when she got here she ended relationship with me and I just found out that after 3 months she been here in Australia she went back to Philippines and got married to another guy. And she is still here in Australia and planning to bring her husband here. She only used me for visa to get here. Just want to know how can I cancel her visa here.
Wout says
Dear Nilesh Nandan,
First I want to start with some context:
On 17/12/22 me and my girlfriend both were granted a working-holiday Visum (417).
In Februari 23′, 2 weeks before we where planning on leaving to Australia I had a serious knee accident which prevented us from going to Australia.
We still want to go to Australia, but I will only be fully recovered by Februari 23.
The issue is that our Visa is only valid for one year after application.
I have 3 questions:
1. Is there any way we can ask for a refund OR to ask for an extension of our current visum?
2. Do we need to cancel our current visum before applying for a new visum (if needed).
3. Is there a chance that our new application will be refused because we did not enter Australia during our first Visum Period?
Thanks in advance to help us out!
Emma & Wout
Jo says
I have a record of my visa being cancelled, but later on, I received permanent residency (PR). Now, I want to apply for citizenship. Could this affect the outcome of my application?
Rupal bhatia says
Hello
Myself Rupal bhatia, i am a main applicant holding 190 bridging visa c. My partner and daughter are my dependent visa holders. My partner cheating on me and now i want to live him. If i file divorce before visa grant then is it going to affect my daughter’s and my visa? My daughter is 4.5 years old and she born n brought up in perth australia. But if i file divorce then my status will change from married to divorce or seperation then is it going to affect my permanent residency visa? Am i eligible to get PR? He paid my fees and rent. I also helped little because i was taking care of my daughter. I don’t have had any help from any person or government subsidies to pay that’s why we decided that he will work full time and i can work casual because i have to take care of my daughter.
Now he cheating on me and if i file divorce or police complain against him then he threatened me that he will ruin my life, kill my daughter and harm to my family in india.
That’s why i am ready to give him PR but meantime i am planning to send my daughter to my parents house in india but he threatened me not sand her. Because if my daughter will stay here then she will get depression and may be he can harm her. And i can’t work full time and i have to depend on him. So he can make my life miserable.
So in this case what can i do? How can i secure my daughter’s and my life and visas?
Thank you.
Dhananjay says
Hi, I am in a serious dilemma and I need your help please.
My wife was granted student visa (ECU, Perth) and myself and our two kids are dependent of her. Right after that and while we were still offshore, I received 190 invitation from QLD which I lodged on 15th of Nov, 2022. Immediately my wife deferred her course, with an assumption that 190 would be granted before next semester commence.
We are still offshore and waiting for 190 outcome. She is suppose to start her Uni from 20th of this July. We are being advised not to travel to Perth as it would risk the 190 outcome. And we cannot apply further deferral.
What is the best thing to do in this situation? Can we afford to cancel student visa as we are still offshore? Will it affect our 190 assessment? Please advise.
Thank you.
Rachana says
Hello sir,
i’m facing some problems which is from my in laws family they are said before one week i will cancel your 485 work visa till march 2026.
first my husband booked my round trip and then he come india and now he is doing fraud with me and my family and every time
tell me i have full right to cancel your visa…i am room attendant in hyatt regency perth.
can he cancel my visa ???
Stuart says
I’m on a 186 Visa and as of today have switched onto a bridging visa A while my PR is processing. There’s talks of redundancies circulating in the office, if I am made redundant before my PR is approved, does the application get thrown out?
Jason Ramsey says
I have spent $260000 sponsoring an individual who was supposed to work for me for 2 years he resigned 2 days after receiving his permanent residency visa what are my rights?
Ray says
Can i cancel my 491 Visa and apply for 190 visa while my 190 state nomination is still valid?
Nilesh Nandan says
Hi Ray
Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).
1. Technically you can do this, but your little be very, very careful.
2. Do you have use the word cancel. I would prefer you consider that making an application for another Visa will extinguish rather than cancel the 491 Visa. For example by making an application for a visitor Visa, if the visitor Visa is granted, it will extinguish the 491 Visa at the time the visitor Visa is granted.
3. You should check carefully that you meet the requirements for the subclass 190 Visa. You do not want to be left with no Visa at the end of the day. I am specifically thinking of a situation where you get rid of your 491 Visa and then your 190 Visa is refused. This would be heartbreaking!
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Hari says
Hi, I am on 482 TSS at the moment. Since the company has stopped growing they have made multiple people redundant. I received an invitation in relation to performance of my duties next week. The behaviors of the company has led me to believe they are trying to cut down on the team and looking to downsize.
I have a partner who is on a Student visa. I have an option to go on a dependent on her visa. I am just concerned since I will be receiving Bridging A upon lodging dependent visa and if they cancel 482, Bridging A will be cancelled too. So what are my options here? Should I wait until they cancel or how does it work?
Maria says
Hi,
I have a question and would be grateful if you could help me with it.
I have been granted a working holiday visa (462), but later in the year I hope to be able to apply for a more convenient one given my circumstances (408 research activities or even 186 employer nomination scheme). Do I need to wait for the 462 to expire, or can I apply for the new one anytime? Is the approval of the new visa going to be affected by the current 462? Do I have to make the new application from outside Australia? Is there any other thing I need to pay attention to?
Thank you so much in advance.
Best,
Maria
Mark Havey says
My wife and son had a permanent
Residency visa valid until Oct 2023
With vevo
They were denied re entry to Austrlia
On 17th January 2022 whilst
Holiday in Thailand the reason we
We’re given is that had become
Austrlian citizens in Sept 2022
And now can’t return until they get
Austrlian Passports in Thailand
They traveled on there Thai Passports
We were never informed that
There permanent residency visas were
Revoked Mark
Ashley N Prasad says
Hi,I was released from prison on 12/12/22 after serving 12 months.I received a notice on 20 October 2022 informing me my visa had been cancelled.It was cancelled by the Immigration Minister in June last year.i have sent the Revocation for cancellation form in October/November last year.Upon my release from prison ,I was taken into immigration detention by Serco.Currently,I am in Hotel detention at Meriton in Brisbane City.Whilst here,I received a letter from HA inviting me to comment on the transcript of court proceedings that was attached to this letter.I have sent my response through to Revocations section.Whilst I was in prison,I told my sister to send all my supporting documents to Senator Bill Murray in Southport,Qld.His office sent all my materials to Revocations.Initially,prior to this the NCCC had my representations.So thats where I am at now and awaiting a response to my application.I have lived here for 28 years,all my family,extended family,my child born last year whom I have yet to meet,all my connections are here in Australia.My association with my birth country no longer exists and I have had no contact with fiji for 32 years.I have a lawyer but up till now,I myself have prepared and presented a case to Home Affairs.Which I feel is appropriate and looks genuine coming from me.If the decision to revoke my visa is cancelled I will then require representation.Can you advise on what else I can do? Out of 244 cancellations only 16 were revoked last year.Pretty scary statistics…
Faisal Alam says
Hi Mr Nilesh
Can you please help me with advise if I need to set up an hook up with you please let me know?
Summary-
My permanant visa application refuesd under Sec 501 in 2017 due to an regrettable I was involved in 2012 which gave me 12 Months imprisonment.
I am so fortunate that AAT set aside department decision and department granted my PR or Subclass 190 visa.Apart from my offence in 2012, I never involved anything.I am working hard to make my family life prosperious, happy .
My wife and my son granted citizenship now. I am looking to apply my citizenship soon.
My father passed away during Covid and my mum is very unwell.I want to go Bangladesh to see my mum, to visit my father graveyard, to see my siblings.Will by criminal conviction will create problem if I travel Bangladesh for 4 weeks, eventhough this matter has already been dealt my department .I am very worried should I go or not.
Ple note I came Australia as an Student.
If you can tell me what should I do?
Joanna Guiney says
Hi,
My brother-in-law applied for a working holiday visa which is subclass 417. Is there any chance to cancel his visa and go for a tourist first? He wants to look around first before re-apply for 417.
Will he have any issues if there’s a record that he cancelled his visa? Can he still apply for 417 after his tourist visa?
Thank you😊
anjan Gurung says
Hi Nilesh, I am on 491 visa granted on feb 2022 and this financial year makes 1year complete but still have more 2years to complete for applying 191 visa. With the current grants of 190/189 for 65 points for registered nurse, I regret applying 491. I have 85points and it seems unfair. Can I cancel my 491 visa and stay on covid and reapply 189 ? I have seen within three months my friend received nomination and visa grant for 189 with 65 points.
Your response will be highly appreciated.
Manish Sharma says
Hi,
My company is sponsoring 186 visa and I am in Australia at present on deputation. if during the visa processing stage I need to travel back to India for an year or 2 due to family issues., but I will continue in same company from India, How it is going to affect granting of 186 visa and if it is granted and I am still not able to come back to Australia what would happen to 186 visa that is granted, can it be cancelled. I would continue on same company from offshore.
Nilesh Nandan says
Hi Manish
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. No effect on the 186 processing.
2. If granted, you’ll need to enter and commence employment.
3. There is some limited scope for you to work remotely after grant of the 186 direct entry permanent Visa, whoever you should get some advice in relation to how to avoid a “notice of intention to consider cancellation of the 186 Visa”.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours! https://Buymeacoffee.Com/NileshNandan
If you can’t afford to buy me a coffee, you can still help me and others on this channel by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Johan says
My 482 visa just got terminated by my sponsor. I have applied for the 190 state sponsorship and received my invitation. It has been 2 months since I completed the medicals. I have been actively looking for a new sponsor to take over my visa but can’t find anyone.
What are my options to stay in Australia lawfully while I wait for the 190 visa to be granted?
MC says
Hello,
Thanks for the information. At the end of March, I applied for the eVisitor (subclass 651) Australian visa with other 3 family members. Theirs were granted on the same day or a day after, but mine is still marked as ‘received’. We will soon be travelling to Australia, thus I phoned and they told me that they cannot give me an update but to attach a letter to state my concerns. Still, nothing happened.
If I delete my application, will it take long for it to be deleted? Because if it got lost in the system, it might be better to submit a new one.
Thanks in advance
Nilesh Nandan says
Thank you you question, although it if completely off-topic for this Visa cancellation page.
You should be aware that there is nothing stopping you from making a repeat application will there be sure to be sure any pending application as soon as one application is approved.
If you do not wish to make a repeat application then you’ll need to contact the department and asked them to expedite the present application. You might also consider going to the global feedback page on the IMMIGRATION website and lodging a polite complaint.
As a courtesy to you I share with you the following email address which may or may not be useful please do let me know if it is useful so others can benefit from accessing this email address. It could assist you to contact the department is greater ease. Note: Contacting the department can be very frustrating!
Here is the email contact the Department of home affairs for the visitor subclass 651 stream.
evisitor.helpdesk@homeaffairs.gov.au
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hope this helps. Please help me answer more questions like these by leaving an honest review of your interaction with me here: https://g.page/r/CQYxp0c4EMtqEAg/review
MC says
Hello,
Thanks for your reply and sorry for it being off-topic but I cannot find anyone to help me.
I used the email but this is the reply I got:
This is an automated response
Emails sent to this mailbox will not be actioned and you will not receive a response.
Please do not reply to this email.
Then they have information with different links that you can find on the website.
I phoned them but they cannot give me updates. I also tried to apply again but I could not submit the application because I have the other one marked ‘received’. I might try the app and try calling them again.
Thanks for your help.
Daniel says
hi i am a permanent resident and i’m getting deported can i claim back my superannuation
Kate says
Hi,
I am just after some advice as to what my options are, if there even are any.
I am currently.at Villawood detention centre and have been here for 2 years fighting for my visa cancellation to be revoked. Ive already attended AAT and appealed at the federal court and again at full federal.
Given that I was appealing only on 1 ground I saw little hope in appealing again to the high Court so I didn’t waste their time.
Do I have any other options to continue fighting? Esp with labour now in government does this change anything for me.
I have been in Australia for 20 yrs my whole adult life and contributed to the community for 17yrs before life when downhill due to certain events which resulted in a 4 yrs sentence of which I served 2 in jail. This was my first and last time in custody and no criminal record prior. Unfortunately I have no children, another reason I so desperately want to stay as I am now 42 and returning to NZ and leaving my home here will greatly reduce the possibility of starting a family.
Also if I don’t have any other options and if labour decides to amend the rift with NZ and the current immigration rules by implementing a similar structure to NZ being that if an Australian has been living in NZ for 10 yrs or more they cannot be deported, then would I be able to reapply to return to Australia or is my decision made under Liberal gov set in stone permanently.
Any advice would be greatly appreciated. Thanks
Kate
Brooke says
Need help
My partner and I are unsure of what to do.
We had a break and it was hard on both of us he sadly did some reckless stupid shit and has had to go to trial and sadly been given a 30 month sentence we r trying to get an appeal in as he isn’t guilty for the charge that gave him 22 months
I have been asked to write a letter and get family to write one too we are unsure of what is required in the letter he is a father of 2 children 9 and 8 and they are going to be serverly impacted if he is deported back to England he has been on a permanent resident visa since he was 10 when he was sent to Australia with his younger brother to live with their father as their mum wasn’t mentally stable or fit to raise them and their 2 other brothers remained in the UK with their father he is currently serving his sentence this is his first crime and are extremely worried as our children r in DCP care and we currently are in children’s court fighting for them any help would be greatly appreciated as soon as possible
Thanku
Loraine Wallace says
I am most distressed that a friend we have come to know, who is from the Democratic Republic of the Congo and living in Brisbane under a Protection Visa, was sentenced to serve eight years in prison for a crime we do believe he did not commit. During his time in prison his Protection Visa was cancelled (S501) and upon discharge from the prison, he was immediately sent to immigration detention. This man is highly intelligent and had already made a valuable contribution to Australia by working hard and also providing support to his family in Africa. We have contacted many immigration lawyer specialists who cannot assist him – he does not have an income nor the funds to pay upwards of $20,000.00 to challenge this decision. Is there anything that can be done for this man, who does not deserve to be sent back to the DRC. This would mean a death sentence due to his political activism in participating in a party that was trying to change the corrupt government that was in power at the time.
Nilesh Nandan says
Hi Lorraine
Someone needs to look at the cancellation decision and to ascertain whether or not that decision was infected with any legal error.
It would also be important to know whether or not the decision was made personally by the then Minister for Immigration or Assistant Minister for Immigration or whether it was simply done by a delegate of the Department.
Then it would be necessary to consider whether or not there is a strong case to argue in relation to a jurisdictional error having infected the decision-making process and whether or not the case is strong enough to be able to bring an application at the present time.
Why this is important is that it is likely that he has missed his opportunity to make application to the Federal Court of Australia for review of any decision made personally by the Minister or the Assistant Minister.
If the case is a strong one and there is no prejudice to the Department, then it may be possible to seek leave and obtain an extension of time, which would then enable an application to be made for judicial review.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Use this link to book your consultation with me: https://myvisa.com.au/complex-consultation/
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CbBuDv_LIjREEAg/review
debora says
Hi,
I have a cancellation of my previous visa of 457 as unfortunately the company didn’t put the paperworks right. I have a bringing visa E and I left Australia in the 2019 without any issue. I would like to know if there is any problem if I apply for a new sponsorship or any new visa now . thanks
Wilson says
Hi,
I voluntarily requested DHA to cancel my student visa while I was offshore(never landed) last month but I got state nomination (491) this month. The delegate stated that I may want to make another application for a visa, however he can give no indication of the possible outcome of the application. Is it possible to get a new visa grant from DHA since I have had a visa cancelled just few weeks ago? Or I have to wait a long period of time in order to apply a new skilled visa?
Thanks in advance.
Raj says
Hi my enquiry about visa cancellation.actually my husband was main applicant..we had domestic violence . 1 month ago we got permanent residency.now he threating me he said he will tell to immigration to cancel my p.r. ..so please advise what can I do..I already informed to police. he abusing me verbally..
Elizabeth says
My husband has been overseas for two years unable to return due covid .
He has a permanent residents return visa which was renewed 2020 . He was denied boarding last night as he was told his visa was ceased …. He was never told if this and his immi account states finalised.
He made another application at the airport last night but has no idea when it will be granted …. I am an Australian citizen .
Amanda Watts says
Hi – I have a PR visa and have left Australia to return home to the UK. I want to be able to access my super and bring it back to the UK, is there any way to cancel my PR visa. Can you help with this?
Nilesh Nandan says
Hi Amanda
Yes. and Yes.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Renato says
My wife and I have been living in Australia since the end of 2017. At the end of 2020, we applied for 186 Employer Nominations, where she was sponsored by the company she is working for and me as her partner. The visa was granted at the end of August 2021. After 15 years of a consolidated relationship, our marriage is not going well. In case of finish the relationship with my wife. In this situation, as a Partner of her sponsored nomination, can I have my visa cancelled without my permission?
Elizabeth Brewer says
My husband and I married in 2005. He is here on a marriage visa. Our marriage has been bad since the beginning. My husband has been highly abusive towards me and my children, including violence, for 16 years. I have never pressed charges. My children are now 25 & 27. We all have PTSD from him. He is an alcoholic, narcissist and more. I have begged him to seek help and to discuss our issues, which has never happened. He is a Clinical psychologist (Master abuser) and I am a Spiritual Medium and healer. We have been running a business together since 2005. Twice Trevor has had complaints made about him to APHRA.
He refuses to leave, always saying ‘make me’. He is always threatening to take my home and has been sleeping in our garage/business office for 8 years.
Can I apply to the Dept of immigration to have his marriage/permanent resident visa cancelled? He wants to apply for Australian citizenship.
Awais says
Qatar appointment Assalam walekum Sar Mera visa cancel kar de
Passport number px2740811
Visa number 382021370789
Subhash says
hi, My student’s dependent visa got cancelled 2 year back because i worked more than 40 hours. now my partner about to get PR in Australia. can i apply for Australian visa again and what’s the chance of getting the Australian pr?
Jennifer says
I have an inquiry about cancelling my 482 visa. now I have lodged 820 visa
I would like to work as soon as possible but 482 visa is still alive and expires on Oct 2022. Is there any way I can cancel 482 visa myself?
Appreciated if you can help
Jennifer
Rajan says
Hi, I am currently in australia working for sponsored 482 visa, i got a new offer and new 482 visa was approved.
I decided not to join the new organization, will my old visa still be valid?
Kasey says
I had visa canceled 501. I voluntarily signed. I’m a able to apply to go back to Australia at all. Not to live but to visit mum whos 68
Martin says
Hi – We’re on a PR and are going to leave Australia permanently in March 2021. I want to be able to access my super and take it back to the UK with me. Have you helped anybody do this before?
Isaac says
Hi Team,
I have lost my job on 2020 June end, also I lodge my 190 Visa on last year November so my bridging Visa is granted but not activated, so my question is when my bridging A will be activated ? after cancelling the Visa or after 457 expiring only?
As per 457 visa condition after loosing the job within 90 days to departure the country, is it applicable for me?
In meantime I can work for others without cancelling the Visa or without expiring.
Guaraci ribeiro says
Hi, Mr Nundun.
My name is Guaraci Ribeiro.
Mr Nundun, I have a subclass bx 858 permanent resident visa, for my abilities as an international dancer and choreographer, as proved at the time of visa application through affidavits, and all due evidence. This visa was given to me on February 17, 2009. in 2011 I left the country for a trip to Europe and then I returned to Brazil to help with my godmother’s health and I have been away from Australia for all this time, my question is if, am I eligible to return to Australia on a sub class 157 resident return visa?
I would like to know if your office could assist me in this process and how much it would cost me, if of course that if I really have a chance of succeeding to get.
Thank you very much for your time.
Kind regards