Can My Sponsored Work Visa Be Cancelled Without Warning?
For many skilled migrants in Australia, a sponsored work visa, such as a Skills in Demand (SID) (Subclass 482) visa, is their only pathway to achieve their visa goals. The thought of this visa being cancelled can be terrifying, especially the idea of it happening without any prior notification. While it’s uncommon for a visa to be cancelled without warning, there are situations where the notice period might be very short, or the decision can feel sudden.
Notice of Intention to Consider Cancellation (NOICC) | Procedural Fairness
Australian immigration law upholds the principle of procedural fairness. This means that if the Department of Home Affairs (DoHA) is considering cancelling your visa, they are usually required to issue you a Notice of Intention to Consider Cancellation (NOICC). A NOICC informs you of the specific reasons DoHA is considering cancelling your visa, and provides you with an opportunity to respond and address why your visa should not be cancelled within a strict timeline. This limited period is your chance to provide additional information and refute any allegations.
When A Mandatory Cancellation Occurs “Without Warning” | Section 501
While a NOICC is the standard process, there are situations in which a visa might be cancelled with very little direct “warning” to the visa holder, or in which the notice period is drastically shortened.
If you fail the character test due to a substantial criminal record, including 12 months or more of imprisonment (or multiple terms totalling 12 months or more), your visa can be subject to mandatory cancellation under Section 501. In such complex cases, the usual NOICC period might be very short (for example, 7 days), or the Minister may cancel your visa without notice if they believe it is in the national interest. While technically a notice may be given, the time to respond is extremely limited.
In other circumstances, if you were not aware of the Department’s correspondence regarding the NOICC letter or missed the response window, your visa will be cancelled as well.
If your visa is cancelled under Section 501, the consequence can be severe, including a potential visa ban, such as Section 48 Bar, PIC 4013/4014 from Australia and a significant impact on future visa applications.
Related: NOICC Under s501 and s116: What are the Differences and Why Does it Matter?
What You Should Do to Protect Your Visa
Be clear about all conditions attached to your sponsored work visa and avoid breaching any of the visa conditions.
Ensure your contact information is always up to date with the Department via your ImmiAccount. Check your ImmiAccount regularly for any correspondence.
If you receive a NOICC, speak with an Accredited Specialist in Immigration Law as soon as possible. They can assess your specific situation, interpret the law, and advise on the legal grounds for cancellation. The immigration lawyer can help build evidence and prepare a strong legal submission to support your claim.
You may have the right to appeal with the Administrative Review Tribunal (ART) of the visa decision within a specific timeframe of the visa cancellation.
Provide truthful information in all visa applications. Attempts to conceal information, even seemingly minor ones, can trigger serious issues, such as Public Interest Criteria (PIC) 4020. A tip is not to lie to your immigration lawyer! Why Honesty is Your Best Defence.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
How a Workplace Investigation Can Trigger Visa Cancellation under Section 116?
I Missed the 28 Day Window to Appeal My Visa – What are My Options?
Do I Have to Disclose Old Criminal Convictions in My Visa Application?
Is Your Company at Risk of Adverse Information for a Nomination Application?
How Can Agape Henry Crux Help You?
Any findings of misconduct, breaches of conditions, or false information can trigger visa cancellation under Section 116, affecting your ability to live and work in Australia. Early intervention and expert legal advice are essential to successfully navigate these complex situations. 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 and Mandarin. If these aren’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, has been recognised in the 2026 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
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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