What Happens to My Dependent's Visa If My SID (Subclass 482) Gets Cancelled?
Suppose you are in Australia on a Skills in Demand (SID) (Subclass 482) visa, and your visa gets cancelled. In that case, it’s natural to worry about what happens to your dependent who is a member of your family unit (MoFU) visa. Dependents’ status can be directly affected by changes to the primary visa holder’s case.
How Are Dependents’ Visas Linked to the Primary’s SC482 Visa?
Typically, dependents—spouses and children included in your application—hold visas that are linked to your primary SID (SC 482) visa. They rely on your visa’s validity for their lawful presence in Australia. If your visa is cancelled, it can have a direct impact on your visa status. However, there are still some ways to address the issues.
What Happens When Your SC 482 Is Cancelled?
If the primary applicant received a Notice of Intention to Consider Cancellation (NOICC), the dependent’s visa may also be at risk of cancellation. If you do receive a NOICC, you will receive a limited time to respond to the Department of Home Affairs (DoHA) with supporting evidence. We urge that you speak with our Accredited Specialist in Immigration Law, Jason Ling, to discuss and plan out your best next steps.
When the primary visa is cancelled, dependent visas usually cease automatically as well. This means dependents would no longer have a lawful status in Australia.
Dependents who remain in Australia without a valid visa may become an unlawful non-citizen and face penalties, including potential detention and removal.
If your visa was cancelled due to a breach of conditions, commonly under Section 116, dependents might face similar consequences.
If cancelled for character reasons under Section 501, dependents could also be restricted from applying for future visas and be affected by any re-entry bans.
What Are Your Options as a Dependent if Your Visa Is Cancelled?
Speak with an Accredited Specialist in Immigration Law who specialises in complex visa matters such as cancellations and responding to a NOICC.
If the primary visa has been cancelled, dependents can try to apply for a new visa independently. However, success depends on their individual circumstances, including meeting visa eligibility requirements and passing health and character assessments.
If dependents are still in Australia and their visas are cancelled, they may be eligible for a Bridging Visa, which allows for a lawful stay in Australia. At the same time, they seek further options or lodge new applications.
Dependents may be able to seek an appeal to the Administration Review Tribunal (ART) or a judicial review if they believe the cancellation was unfair or invalid. This is a complex process and requires legal advice and representation.
What Can You Do to Avoid a Visa Cancellation?
Ensure you fully comply with your visa conditions to avoid cancellation.
Consult with our Accredited Specialist in Immigration Law, Jason Ling, immediately if your visa is at risk of cancellation to explore options for your dependents.
Consider applying for alternative visa options if you meet the eligibility requirements before your current visa ceases.
Related:
Facing a Character Test Failure Under Section 501? Why You Need an Accredited Specialist
What is the Difference Between Merits Review and Judicial Review?
How Can Agape Henry Crux Help
While a visa is at risk of being cancelled for the primary applicant, it can also put the dependents at risk of cancellation. Being proactive and scheduling a time with one of our Accredited Specialists in Immigration Law, Jason Ling or Angela De Silva, for tailored advice and professional assistance with your complex matter. 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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