What are the Consequences of Breaching Visa Conditions on Future Applications?
It is important to follow the conditions attached to your visa to maintain a lawful status in Australia. Breaching visa conditions can have serious repercussions. Not only will it affect your current stay, but it will also impact your eligibility to apply for future visas.
What are the immediate consequences of breaching a visa condition?
The most common consequence of breaching visa conditions is receiving a Notice of Intention to Consider Cancellation (NOICC) under Section 116 of your visa. You will typically be given a limited time to respond to the Department. When you receive this letter, it is advisable to speak with an Accredited Specialist in Immigration Law to know how to best avoid further complications with your matter.
Once cancelled, your right to stay in Australia lawfully ceases.
If your visa is cancelled due to non-compliance, you may face detention and deportation.
A breach can also lead to a re-entry ban under PIC4014, preventing you from entering Australia for up to 3 years. You may request to waive the PIC 4014 ban to the Department of Home Affairs (DoHA) if you have to be in Australia within the 3-year ban period. Engage with an Accredited Specialist in Immigration Law for their professional assistance.
What are the Future Visa Application Impacts for Breaching Visa Conditions?
Past breaches of visa conditions, such as overstaying or working more hours than they are allowed to, can be viewed unfavourably during future visa assessments, which can impact future visa applications.
If you have been banned from applying for another visa, such as a Section 48 bar, you only have a limited option of visa subclasses to apply for, as long as you meet the visa requirements. For other visa applications that are banned under Section 48, it may be deemed as an invalid application.
These applications may be refused due to not satisfying the visa criteria or requiring additional documents through a letter from DOHA, which may complicate your permanent residency (PR) pathway or citizenship application.
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How Can Agape Henry Crux Help
If you have breached your visa condition, attempt to adjust and comply with it as soon as you can. The team works closely with two of our Accredited Specialists in Immigration Law for tailored advice on your next steps to avoid further complications. 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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