What Happens if I Breach My Visa Conditions?
Every visa issued by the Department of Home Affairs (DoHA) may be attached with specific conditions that the visa holder must follow, and breaching any of these conditions can have serious consequences. Some examples of visa conditions can include, but are not limited to:
Work restrictions on the number of hours you can work or the type of work you can do.
Study requirements to maintain enrolment in a specified course of study.
Travel restrictions on where you can travel or how often you can leave and return to Australia.
Some visas may have a no further stay 8503 condition, which means that visa holders cannot apply for a new visa onshore in Australia. An immigration lawyer can assist in requesting a waiver for this visa condition.
What are the Common Types of Visa Condition Breaches?
A student works more hours than the allowed 48 hours per fortnight while courses are ongoing.
A student fails to maintain course enrolment by dropping below a full-time study load without approval or being absent from classes anymore.
What are the Consequences of Breaching Visa Conditions?
Breaching your visa conditions can lead to a range of consequences, including:
Your visa may be cancelled, which can significantly affect future visa applications.
For serious breaches, you could face mandatory deportation. You may also be detained in a detention centre until you are removed from Australia.
Depending on the breach, you could have a re-entry ban to return to Australia for a period, often up to 3 years.
A history of breaching visa conditions can affect your immigration record, making it more difficult to obtain visas in the future.
What to Do if You’ve Breached Your Visa Conditions?
Before taking any action, consult with an immigration lawyer immediately. They can provide tailored advice specific to your situation.
If possible, take immediate steps to comply with the conditions, such as adjusting work hours or re-enrolling in a course.
Related:
Do I Need a Migration Agent or an Immigration Lawyer? Understanding the Difference
Section 116 and 501 Cancellations. What’s the Difference and Why It Matters?
How Can Agape Henry Crux Help
If you find yourself in breach, act quickly by seeking professional advice from one of our immigration lawyers at Agape Henry Crux. The team work closely with two of our Accredited Specialists in Immigration Law for tailored advice on your next steps to avoid further complications. The team of immigration lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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