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Conditions of a Visa and Cancellation

Conditions study visa australian student visa registered migration agents brisbane sydney melbourne australia

Are you the current holder of an Australian visa? Did you know that your visa may have certain conditions attached to it, and that failure to comply with the conditions of your visa can render your visa liable to cancellation? Between July 2014 and June 2015 nearly 11,000 student visas were cancelled on the basis of the visa holders being non-genuine students. An earlier post on the new student visa framework can be found here.

This is the first post of a two-part series dealing with the conditions attached to visas and the cancellation of visas. This post will deal with some common conditions that are often attached to visas, while the second post will deal with the cancellation procedure and avenues of appeal should you be issued with a Notice of Intention to Consider Cancellation (NOICC) by the Department, or have your visa cancelled.

When a visa application is successful and the visa is approved, there will often be certain conditions attached to the visa which will be listed on the approval letter issued by the Department. Under Section 41 of the Migration Act 1958, “The Regulations may provide that visas, or visas of a specified class, are subject to specified conditions.” Subsection 41(2)(a) then goes on to state that the Regulations may provide that a visa is subject to “a condition that…the holder of the visa will not, after entering Australia, be entitled to be granted a substantive visa” while subsection 41(2)(b) provides that a wide variety of restrictions upon the work entitlements of the visa holder may be made.

Condition 8503, called the ‘No Further Stay Condition’, is an example of the condition referred to in Subsection 41(2)(a), and prevents the visa holder (subject to limited exceptions) from making a further visa application once they are in Australia. There are a variety of conditions that often apply to student visas, and these include a prohibition on work until the education course commences (8101), that the number of hours worked must remain below 20 hours per week (8105), and that the visa holder must satisfy course attendance requirements (8202).

If you have any questions regarding Australian visas or would like to begin your visa application, please contact us today.

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