Can Your Employer Cancel Your 482 Visa? What Are Your Options If It Happens?
What if your employment contract ends while you’re on a 482 visa? Will it lead to a 482 visa cancellation? Many questions may appear when you’re in this condition, including “Can my employer cancel my 482 visa?”. Well, the simple answer is no. Your employer cannot cancel your 482 visa. Only the Department of Home Affairs can grant, refuse and cancel a visa application.
As a Registered Migration Agent with over a decade of experience, I am well-equipped to address all your concerns about the 482 Visa in this guide. So, sit tight, and let’s delve into the details below with confidence and reassurance!
Employment Contract Termination – What is the impact on your 482 Visa?
Many reasons may lead to employment contract termination. The big question is, what will happen to your 482 visa if you stop working for your sponsoring employer?
To answer this, note that the 482 visa has mandatory visa condition 8607 – Must only work in the nominated occupation. This visa condition requires you to only work in your nominated occupation and for your sponsoring employer. If your employment contract with your sponsor ends, you must find a new employer to sponsor you within:
- 180 days (in a single period) or
- a total of 365 days (across the period your visa is granted).
If you do not find a new employer within the mentioned period, you will breach the 8607 visa condition, which may result in the cancellation of your 482 visa.
Can your sponsor cancel your visa?
Your sponsoring employer cannot cancel your 482 visa. Only the Department of Home Affairs has the power to grant, refuse or cancel your 482 visa. Your sponsoring employer even cannot send a request to cancel your visa. Only the visa holder (yourself) and the authorised migration agent can request a visa cancellation. It should be done through the ImmiAccount.
If you’re in a different situation like having your 482 visa refused, this guide will help you: 482 Visa Refusal: What Is the Reason and What to Do.
Reasons why the Department of Home Affairs may cancel your 482 Visa
In general, the Department of Home Affairs may cancel an Australian visa due to the following reasons:
- Breaching visa condition;
- Providing incorrect or bogus information or documents;
- Be a risk to the Australian community;
- Been charged or convicted for an offence;
- Does not meet the character requirements.
If you’re found to jeopardise one of these situations, the Department of Home Affairs might cancel your 482 visa.
Your options after 482 Visa cancellation
Upon facing a 482 visa cancellation, you have two viable options: either appeal the cancellation to the Administrative Review Tribunal (ART) or submit a new visa application.
Reviewing 482 Visa cancellation to ART
You can review your 482 visa cancellation case with the Administrative Review Tribunal (ART) if you believe the decision is incorrect. In this scenario, you must present arguments and evidence why your 482 visa should not be cancelled.
Another important point is that you must submit the review application within the deadline mentioned in your cancellation letter. Then, you must apply for a Bridging Visa E to remain legally in Australia while processing the review application.
Visit this page to find the details about submitting a review application to the Administrative Review Tribunal: Administrative Review Tribunal: What You Should Know
Submitting a new visa application after 482 Visa cancellation
You can also submit a new visa application after the 482 visa cancellation. However, there will be fewer visa options after the 482 visa cancellation. Besides, you must be ready for an offshore visa application, as an onshore visa application seems impossible. This is due to the Section 48 Bar limits onshore visa application after a cancellation, which is only open for the following visa subclass:
- Partner visas,
- General skilled migration visas,
- Protection visas,
- Medical treatment visas,
- Special category visas,
- Bridging visas,
- Child (residence) visas,
- Subclass 444 visas for New Zealanders,
- Border visas, and
- Resolution of Status visas
Once you’re offshore and find a new sponsoring employer, you can submit a new nomination and 482 visa application. The application process will remain the same, but the cost will follow the changes, applying to the date you submit the new application.
If your circumstances change and you fulfil the requirements for one of the visa subclasses excluded from the Section 48 Bar, you may be eligible for an onshore visa application. It’s best to discuss your situation with ONEderland Consulting, as we have experience in 482 Visa cancellations and other complex cases with a 98% success rate. Click here to book an appointment and explore the best option for your situation!
We’re here to help.
Partnering with ONEderland Consulting to solve your 482 Visa cancellation case will put you at ease. We are experts in complex cases, and Australian visa cancellation is one of them.
We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.
Take the first step and get in touch with us. Our team members are professional and honest and speak various languages, such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.
