Section 140: If My Visa Is Cancelled; Will My Partner’s Visa Be Cancelled?
A visa cancellation is a life-changing event. Beyond the immediate impact on your own status, one of the most common concerns is how it will affect your loved ones. In the Australian migration system, the answer depends heavily on how your members of the family unit (MOFU), which is your partner, spouse or children, are linked to yours.
Why Visas May Be Cancelled?
The Department of Home Affairs (DoHA) has the power to cancel a visa for several reasons. Knowing these grounds is the first step in defending your case. Common visa cancellation reasons include:
Breach of visa conditions under Section 116, for example, working more hours than allowed on a Student (Subclass 500) Visa or failing to work for your nominated sponsor on a Skills in Demand (SID) (Subclass 482) visa.
If you are convicted of a crime or the Department believes you pose a risk to the Australian community, your visa may be cancelled under Section 501 for character grounds.
If the Department finds that you provided bogus documents or false and misleading information, your visa may be cancelled under Section 109.
If there is a change of circumstances, for example, if you hold a Partner Visa (Subclass 820/801 or 309/100), but the relationship has ended.
If you have any unpaid debts to the Australian government.
Related: What are the Time Limitations for Visa Cancellation Responses?
Will My Member of the Family Unit (MoFU)’s Visa be cancelled too?
Scenario A: Your Member of the Family Unit (MoFU) is a Dependent on Your Visa
If your MoFU is a secondary applicant (dependent) on your visa, meaning they were granted a visa because of your application, they may be at higher risk.
Under Section 140 of the Migration Act 1958, if your visa (as the primary applicant) is cancelled, the Department also cancels the visas of any family members who were granted their visas because they were MOFU of the primary applicant. This creates a domino effect in which the whole family could lose their right to remain in Australia due to one individual’s cancellation.
Scenario B: Your MoFU is on a Different Visa Subclass
If your MoFU (partner or spouse) holds a separate substantive visa that is not legally linked to yours, the situation is less risky.
If you (the primary applicant) are on a SC482 visa, and your MoFU is on their own independent Skilled visa, your cancellation does not automatically cancel theirs.
The only time a separate visa might be at risk is if the reason for your cancellation involves your partner’s application. If the Department suspects you both participated in providing false information, they may issue a separate cancellation notice to your partner.
Related: What Are the Risks of Being a Dependent Visa Applicant?
What Can You Do to Avoid a Visa Cancellation?
If the Department is considering cancelling your visa, you might receive a Notice of Intention to Consider Cancellation (NOICC). This is your chance to act. Alternatively, you may receive a cancellation notice without prior notice, as your visa was mandatorily cancelled under the character grounds.
You are legally entitled to respond to the NOICC by explaining why your visa should stay valid. You must provide a written response (legal submission) within the strict deadline.
The Department consider the impact of the cancellation, focusing on compelling and compassionate reasons, such as the best interests of any children or the hardship your partner would face. Prepare strong supporting evidence.
Visa cancellation is incredibly complex and technical. An Accredited Specialist in Immigration Law who specialises in complex immigration matters can assist you to identify any legal errors in the Department’s reasoning and build a strong case to keep your visa.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
How Can Agape Henry Crux Help
If your MoFU is dependent on your visa, your cancellation will likely end their stay in Australia as well. If you receive a NOICC from the Department, acting quickly with professional help is the only way to remain in Australia. Speak with one of our two Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva at Agape Henry Crux. They specialise in highly complex visa matters. If you are unsure or in doubt, consider arranging a consultation with us to get tailored professional advice and guidance on your next best step. You can book a consultation with us by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards and the 2027 edition of The Best Law Firms™ - Australia.
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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