By Felix Carao, Migration Mentor
There are various grounds for cancellation of 457 Visa.
One of these is when the employee is no longer connected with the employer-sponsor.
It is unfortunate that some of our kababayans are being declared redundant in their work. In this case, their visa may be cancelled without them being notified. Here are the grounds for cancellation of the 457 visa without notice:
- When the Immigration Department receives notice that a visa holder has ceased employment,
- the visa holder has departed Australia,
- 90 days have passed since they ceased employment, and
- there is no indication that a new nomination has been lodged
When a 457 visa holder is no longer connected with his/her employer-sponsor and a new nomination has been lodged, the case officer will not arbitrarily initiate cancellation unless the application for nomination is not approved. When the visa holder travels overseas for a holiday and the nomination is refused while outside Australia, it is not appropriate to cancel the 457 visa without notice. When the visa holder returns to Australia, a notice of Intention to Consider Cancellation will be issued.
Another instance where a 457 visa may be cancelled is when the Department of Immigration receives information that the 457 visa holder provided incorrect information or bogus documents in his/her visa application.
Some other cases where the 457 visa may be cancelled are:
- health reasons where visa holder’s presence in Australia would be a risk to the health and a safety of the Australian community,
- visa holder requests cancellation of temporary visa to access superannuation contributions made while working lawfully in Australia,
- visa holder not found to have a genuine intention to perform the occupation for which s/he was nominated at the time of visa grant,
- visa holder fails to enter Australia and has not started working as reported by the sponsor,
- visa holder is found to be working outside the specified regional area for which the visa was granted,
- dependant not listed on new nomination where dependent child decides to return home to attend university.
The consequences of cancelling a 457 visa while the visa holder is in Australia include:
- the person would be eligible for a Bridging Visa E in connection with any unfinalised visa application, but only if the application is one that requires them to be in Australia at the time of decision,
- the BVE will be granted with no permission to work,
- the BVE does not allow the person to apply for a bridging visa with permission to travel (BVB),
- if the unfinalized visa application is refused, they need to leave Australia to lodge overseas a valid further application for most visas,
- the sponsor no longer has an obligation to pay for the person’s flight back to their home country,
- the person can no longer change employer with a new nomination in connection with their 457 visa.
Felix Carao, Principal Recruitment Migration Consultant of ALLKILLS RECRUITMENT & MIGRATION SERVICES PTY LTD, is a Registered Migration Consultant (MARN 1069354), a Qualified Education Counselor (QEAC G028), and an Accredited Recruitment Professional (MRCSA 51889). For enquiries, call 04 1232 1187 or email him at firstname.lastname@example.org or visit www.allskills.com.au.