What Happens if My Employer Reports Me to the Department of Home Affairs (DoHA)?
If you are an employer-sponsor visa holder in Australia, such as a Skills in Demand (Subclass 482) Visa, Training (Subclass 407) Visa or Skilled Employer Sponsored Regional (Provisional) (Subclass 494) Visa, the relationship with your employer is important. A report from your employer to the Department of Home Affairs (DoHA) can trigger a review of your visa status and potentially lead to significant consequences like a visa cancellation.
Why Would an Employer Report You?
Employers have specific obligations when sponsoring overseas workers. These include notifying DoHA of certain events, but reports can also stem from allegations of misconduct. Common reasons for an employer to report you include:
Working more hours than permitted by your visa.
Working for an employer not linked to your visa (if your visa is tied to a specific employer).
Not performing the duties of your nominated occupation.
Your employment with the sponsor ends (whether you resigned or were terminated).
Sponsors have a strict obligation to notify DoHA when a sponsored visa holder ceases employment.
Misconduct or Performance Issue
Serious misconduct in the workplace, such as theft, fraud, harassment, violence and more.
Consistent and serious underperformance.
Dispute or Complaint
A workplace dispute that escalates, leading the employer to involve DoHA.
Related: What If My Employer Withdraws My Nomination After It’s Been Approved?
What Happens After an Employer Reports You?
A report from your employer may likely trigger an investigation by DoHA. The specific actions taken by DOHA will depend on the nature and severity of the report:
DoHA will review the information provided by your employer and may seek further details from you, your employer, or other relevant parties.
They will assess whether you breached your visa conditions or committed an offence under the Migration Act.
If DoHA believes there are grounds to cancel your visa, they will issue you a Notice of Intention to Consider Cancellation (NOICC). This is a formal letter outlining the specific reasons for potential cancellation and providing you with a strict timeframe (often 28 days) to respond and explain why your visa should not be cancelled.
The NOICC will typically refer to the section of the Migration Act under which cancellation is being considered:
Section 116 for breach of conditions or false information
Section 501 for character grounds. Your visa may be mandatorily cancelled if the cancellation grounds are under Section 501.
Related: NOICC Under s501 and s116: What are the Differences and Why Does it Matter?
You may receive a request to provide more documents or a detailed written statement.
If DoHA is not satisfied with your response, or if the grounds for cancellation are strong, your visa can be cancelled.
What Are the Potential Consequences of Visa Cancellation?
Visa cancellation carries severe consequences, including:
You become an unlawful non-citizen, and with no legal right to remain in Australia.
You are liable for immigration detention and forced removal from Australia.
Additionally, visa cancellation often triggers re-entry bans under Public Interest Criteria (PIC) 4013 or 4014 (typically a 3-year ban).
You may be subject to the Section 48 bar, limiting your ability to apply for most visa subclasses onshore in Australia.
Lastly, keep in mind that a visa cancellation leaves a permanent negative mark on your immigration record, which also impacts your future Australian visa applications.
What Should I Do Immediately If I’m In This Situation?
We highly suggest that you contact an Accredited Specialist in Immigration Law immediately for professional guidance and assistance to address the NOICC or appeal the visa cancellation decision. At the same time, collect any documents that can support your case as evidence. Do not try to handle this situation alone.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
How Can Agape Henry Crux Help You?
At Agape Henry Crux, our team of immigration lawyers work closely with our Accredited Specialists in Immigration Law to handle highly complex matters. You can book a Migration Planning Session with our team by calling 02 8310 5230 or emailing us at info@ahclawyers.com to arrange a time.
We speak fluent English, Mandarin and Cantonese. If these aren’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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