Can I Request a Visa Cancellation? What Will Happen to Me?
If you are considering requesting the Department of Home Affairs (DoHA) to cancel your current temporary visa, it is important to understand the process and the potential consequences. Whether you are no longer planning to stay in Australia and to access your superannuation account, or your circumstances have changed, it is best that you speak with a migration expert before taking any action.
Can I Request to Cancel My Visa?
You can request the cancellation of your visa in certain situations. However, it is not always straightforward, and the process depends on the type of visa you hold and your specific circumstances. If you are outside of Australia, the Department can process requests for the voluntary cancellation of your visa.
DoHA will not process a visa cancellation request for the following visas:
Electronic Travel Authority (ETA) (Subclass 601)
eVisitor (subclass 651)
any other visa with less than 6 months’ validity.
How to Request a Visa Cancellation?
You can notify DoHA of your intention to cancel your visa. This can usually be done through your ImmiAccount.
What are the Benefits of requesting a Visa Cancellation?
One key benefit to cancelling your visa is to avoid breaching visa conditions and being subjected to cancellation by DoHA. The difference could mean applicable exclusion periods preventing you from being granted another visa. We listed some circumstances where it is better to cancel your own visa, which may include:
Accessing your superannuation accumulated while holding a work visa if you no longer wish to work in Australia.
Being relieve of the visa conditions if you have applied for another visa, such as cancelling your student visa if you have applied for partner visa.
Cancelling your student visa if you no longer wish to study.
What are the Consequences of Requesting to Cancel Your Visa?
If you do decide to request a visa cancellation, you may still be subject to Public Interest Criteria (PIC) 4013, which can lead to a 3-year ban on obtaining another Australian visa.
Related:
How Can Agape Henry Crux Help
Before making a decision to put in the request, consider speaking with one of our Accredited Specialists in Immigration Law for tailored advice on your next steps to avoid future 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.
Client Testimonials
….we call it Support Network
Navigating the immigration law process may be difficult, and our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.
These are their stories…
