Visa Conditions

Hello Everyone,

Conditions

As an Australian visa holder, it's crucial that you understand and adhere to the visa conditions outlined in the visa grant letter. These conditions are not just rules; they are your guide to what is and isn't allowed during your stay in Australia. For example, condition 8104 on a student visa limits work rights to 24 hours per week. By understanding and following these conditions, you are taking control of your visa status and ensuring a smooth stay in Australia.

At the same time, these conditions create a fairer living environment for Australian citizens and permanent visa holders.

What happens if you breach a visa condition?

When a visa condition is breached, the Department of Home Affairs can cancel your visa under Section 116 of the Migration Act. The visa cancellation process involves multiple steps.

Initially, you or your registered migration agent or visa agent in your country will receive an email from the Department of Home Affairs with the subject line "Notice of Intention to Consider Cancellation" (NOICC). This correspondence will outline the detected breach, and you will be granted 28 days to respond. Your response to this letter is crucial and should be meticulously crafted, citing relevant laws to secure a favorable decision.

If you receive a NOICC letter, please contact us immediately.

After receiving a response, the department will diligently review its findings, defense, and relevant laws before reaching a decision. Visa cancellations are discretionary, meaning your visa may not be canceled despite breaching a condition. If the breach resulted from circumstances beyond your control, the Department will likely be accommodating. However, intentional or knowing breaches pose a more significant challenge in persuading the Department.

When a visa condition is breached, how long does receiving a Notice of Intention to Consider Cancellation (NOICC) take?

Based on my experience, the quick answer to this question is "certainly not quickly." The Department of Home Affairs is an exceedingly busy organization. Despite its impressive operational capacity, the department must prioritize its actions. As a migration agent, I advise you to adhere to the rules. If you have violated your visa conditions, it's essential to return to compliance as soon as possible. Doing so can significantly impact the decision made in your favor.

Student's Favorite!

If you are a student visa holder with an ABN number, work full-time or unlimited hours, and show your income via ABN as a contracted job, do you breach your student visa condition?

Can you outsmart the Australian Government? You might think you did, but you didn't. In other words, you may believe you outsmarted them, but you didn't.

Breaches of work-hour limitations are extremely common and challenging to detect, investigate, and initiate the cancellation process. Therefore, the department is unlikely to take action in normal circumstances.

Please take note of the following text:

This type of breach is typically identified during the review of the next visa application. Officers may examine tax records to determine the total income earned over the entire year. If this amount is significantly higher than what is expected for a student visa holder, the officer may conclude that the income could not have been earned without violating work-hour restrictions. In such cases, a ruling may be made without requesting a defense. Breaching a visa condition creates a risk factor and can affect your next visa application. This issue does not impact certain visa applications, such as partner visas, work sponsorship visas, or state sponsorship visas. However, it may affect most other visa applications, including subclass 189 and graduate visa subclass 485.

The department might still grant you the visa even though you breached your visa condition. The point here is that using ABN number as a tool to hide actual work hours is childish.

I have explained how visa conditions work to provide you with a better perspective. My name is Ilgin, and I am a registered migration agent. If you have any questions, please feel free to reach out to me.

Kind regards,

Ilgin Azazi,

MARN: 2318123

Whats App: + 61 04 16 04 90 21