Will My Australian Status Be Secured Once I Get My PR?
A common and risky belief among migrants is that obtaining Permanent Residency (PR) guarantees a lifelong, irrevocable right to remain in the country. Although PR provides long-term stability, work rights, and a pathway to citizenship, it is still ultimately a visa. Like any visa, it remains subject to the Migration Act 1958 and may be cancelled under specific circumstances.
Permanent Residency (PR) and The Character Test
The most significant risk to PR is visa cancellation on character grounds, primarily under Section 501 of the Migration Act. If you fail the character test, the Department of Home Affairs (DoHA) has the power to cancel your PR visa, resulting in to unlawful non-citizen status, detention and deportation.
You may fail the character test if you:
Have a substantial criminal record
Have been convicted of an offence involving immigration detention.
Are reasonably suspected of being associated with individuals or groups involved in criminal conduct.
Are considered a risk to the Australian community based on your past or present criminal or general conduct.
Related: Facing a Character Test Failure Under Section 501? Why You Need an Accredited Specialist
The Impact of Ministerial Direction 123 (Commencing October 2026)
Under the upcoming Ministerial Direction 123 (MD123), the risk threshold for future conduct has been lowered from whether a person "would" engage in certain conduct to whether they "might". This is important: the threshold for character-based cancellations is becoming stricter.
Furthermore, ties to Australia, such as how long you have lived here or whether you have an Australian family, have been demoted from a primary consideration to an "other" consideration. This means that holding PR for decades or having Australian children will not automatically protect you from cancellation if you commit a serious offence.
Related: Can your online presence affect your character requirement?
What This Means for Visa Holders?
The changes in the Ministerial Direction 123 prioritise community safety and compliance in Australia. PR visa holders with a substantial criminal record face a higher risk of visa cancellation if they fail the character test. Speak with Jason Ling or Angela De Silva about your character matter to help avoid visa cancellation. Read: Can an Immigration Lawyer Stop My Visa Being Cancelled?
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
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How Can Agape Henry Crux Help
Our principal, Jason Ling (Accredited Specialist in Immigration Law), has extensive experience in immigration and criminal law matters and he can assist in navigating between these two legal areas. Speak with Jason for a tailored visa strategy session for professional advice and guidance. At Agape Henry Crux, our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers for professional advice by calling 02-8310 5230 or emailing 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.
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.
Client Testimonials
….we call it Support Network
Navigating the immigration law process may be difficult, and our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.
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