Beware: Your Visa is Not Your Right

Getting a visa to live and work in Australia has become increasingly difficult as the government continues to change the criteria for eligibility. Even if you are granted a visa, it’s important to note that unless you comply with the law and legislation, you could be at risk of losing it.

In fact, there are several different powers in the Migration Act 1958 (Cth) that empower the government to cancel a person’s visa. It’s worth knowing what they are…

  • Section 109 –  for providing incorrect information, bogus document, or not notifying a change in circumstance or of incorrect information;
  • Section 116 – wide-ranging general cancellation powers of which the most common of all type of visa cancellation is for not complying with a visa condition;
  • Section 128 – the ability to cancel a visa under 116 without giving notice to the visa holder if they are outside Australia;
  • Section 134B – emergency powers to cancel a visa on national security grounds and when ASIO has given the recommendation to do so;
  • Section 134 – specific powers to cancel permanent business visas for not undertaking business activities;
  • Section 137Q – specific powers to cancel permanent regional employment visas if the primary visa holder does not give genuine effort to start or complete the required two-year employment period they were nominated for;
  • Section 140 – when a person’s visa has been cancelled, this power provides for the consequent cancellation of the family member’s visas who were part of this person’s visa application;
  • Section 501 – cancellation on character grounds.

If your visa is cancelled while you are in Australia, you will be subject to detention and removal. 

Even if you have obtained Australian citizenship, an offence connected to the authorisation of your visa or committed at any time prior to being approved for citizenship can lead to your citizenship being revoked.

Do the Right Thing

The Ayers Group has 21 years’ experience in Australia and is one of few organisations to be approved by the Department of Immigration to sponsor, hire and even on-hire international workers. 

There are many different visas you can apply for that will allow you to live and work in Australia – depending on your skill sets and whether you want to be here for six months, four years or forever.

The Ayers Group can advise you on the most appropriate visa to suit your circumstances and we can prepare and lodge your application on your behalf. We can also pre-approve your application, providing you with peace of mind and the opportunity to put plans in place.

Once you’re settled in Australia, we can help you manage your administration and ensure your compliance with Australian legislation… so that your visa remains in place.

Speak to an expert at the Ayers Group today.