4 Reasons For Student Visa Cancellation
We often receive inquiries in relation to Student Visa cancellation. In this article, we are going to elaborate on the reasons why this happens. Australian Student Visa Cancellation is when the immigration of Australia cancels a Student Visa issued for an international student studying in Australia.
In short, these are the factors that will lead to student visa cancellation:
- You breach any of your Student Visa conditions but remain in Australia without voluntarily cancelling your visa;
- You do not meet the character requirements;
- You provide misleading or false information in your student visa application;
- There is a change of circumstances of your study program.
Find yourself in the above situations? send us a message or contact us here for advice to save your study and remain lawful in Australia.
Voluntary Cancel Your Student Visa Australia
You might want to voluntarily cancel your student visa for a number of reasons mainly because of a change in your study or career plan, unforeseeable circumstances, and or if you have applied for a Permanent Visa.
In the event that you are looking to return home and will not return to Australia before your course ends, at this point you should consider voluntarily cancelling your student visa.
In this case, we recommend you only cancel your student visa once you have left Australia. In general, it can take roughly three until five weeks for the Department of Home Affairs to cancel your visa. If you are planning to stay in Australia, cancelling your student visa may have its consequences. We highly recommend you book a consultation with a registered migration professional like ONE derland Consulting beforehand.
What happens if I stop studying and stay in Australia, yet do not voluntarily cancel my student visa?
In the event that you quit studying and stay in Australia, at that point there is a decent possibility that your school will contact Home Affairs and inform them that you are not studying or meeting the minimum attendance or performance requirement. The department will at that point send you a Notice of Intention to Cancel your Visa (NOICC). On the off chance that you are not studying and meeting your course requirements in Australia and on a student visa, then you might have your visa cancelled.
1. Your Student Visa will be cancelled if you were non-compliant with other visa conditions
Your Student Visa will come with several conditions imposed on you, as can be seen below. These include what you can and can’t do while on your Student Visa. Please note that as long as your Student Visa is still active, you will have to maintain compliance to all of the conditions.
In general, these are the conditions that may come with your Student Visa as can be seen here:
- Maintain health insurance (visa condition 8501)
- This condition means that you must maintain adequate arrangements for health insurance (generally Overseas Student Health Cover) while you are in Australia. You must not enter Australia before your Overseas Student Health Cover has begun. You are not permitted to remain in Australia after your Overseas Student Health Cover has expired. If you are a student from Norway, Belgium or Sweden you may not need to maintain Overseas Student Health Cover.
- Work limitation (visa condition 8105)
- This condition means that you must not engage in any work before your course of study commences. You are also not permitted to work more than 40 hours per fortnight when you are in Australia when your course of study is in session. Note the 40 hour requirement does not apply if you are engaged in work that was specified as a requirement of the course when the course particulars were entered into the Commonwealth Register of Institutions and Courses for Overseas Students and the student visa was granted for a masters degree by research or doctoral degree.
- Meet course requirements (visa condition 8202)
- This condition means that you must be enrolled in a full-time course and satisfy the course requirements of your enrolment including the course level, course progress and course attendance. Unless you are a Defence, Foreign Affairs or secondary exchange student, the course you are undertaking must be a registered course with the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
- The course you are undertaking must give you a qualification from the Australian Qualifications Framework that is at the same level or higher level than the course mentioned in your grant letter.
- Must maintain eligibility (visa condition 8516)
- This condition means that you must continue to maintain your eligibility as a person who would satisfy the criteria for the grant of your visa.
- Maintain education for dependants (visa condition 8517)
- This condition means that you must ensure that adequate schooling arrangements are maintained for your school age dependants who will be in Australia for more than three months on the visa.
- Under 18 approve welfare (visa condition 8532)
- This condition means that you must maintain adequate accommodation, support and general welfare arrangements. You are not permitted to change those arrangements without the approval of your education provider. This should be in writing. You are not allowed to enter Australia before the date specified by your education provider.
- Inform education provider of address (visa condition 8533)
- This condition means that you must notify your education provider within seven days after arriving in Australia of your residential address (if you were outside of Australia at time of grant). In all cases, you are also required to notify them of any change to your residential address in Australia within seven days after the change.
- If you intend to change education provider you are required to notify your former education provider within seven days after receiving an electronic Confirmation of Enrolment (COE) or other evidence of enrolment.
- Failure to always meet all the conditions during the validity period of your visa will lead to a visa cancellation.
Contact us now for guidance on your Student Visa conditions in Australia.
2. You did not meet the character requirements and it will lead to a Student Visa Cancellation
The Minister has the ability to cancel your visa on the off chance that you don’t meet their character assessment.
The Minister may cancel your visa in case that you have ever been sentenced to a year or more detainment or have been indicted for, had a charge demonstrated for or have been seen as guilty of a sexually based crime involving a child.
You will have 28 days to settle on representations why you think the decision to cancel your visa should be renounced. The Immigration will consider all the conditions of your case before they respond.
3. Providing False information on your student visa application
You must provide accurate information along with your visa application. In case immigration have granted your visa, and find out at a later date that a part of or all of the information you provided in your student visa application is inaccurate, they will have the power to cancel your visa.
Never put any false or bogus information. The immigration will conduct a comprehensive and thorough assessment on your application. They will do every necessary check to confirm the information you provided is legitimate. Please think twice before providing false or bogus information!
4. A change of circumstances on your study program.
A change in your study programs has to be promptly updated to the Department of Home Affair (DHA), otherwise this may lead to your student visa being cancelled. Changes in study program may include the following:
- You complete the course for which the Australian Immigration Department granted your student visa and you do not leave Australia or apply for a new visa within the validity period of your visa;
- You complete your course earlier, and do not leave Australia or apply for a new visa in 28 days;
- You have changed courses since The Australian Immigration Department granted your student visa, and your new Confirmation of Enrollment (COE) for your principal course has an earlier end date and you do not leave Australia or apply for a new visa within 28 days of completing the course;
- You have changed courses that, once completed, will provide a qualification from the Australian Qualifications Framework (AQF) that is at the lower level than the registered course in relation to which the visa was granted;
- You are studying more than one courses on your visa (course packaging) and you finish a course early and have a gap between courses of more than 2 months (except if this gap occurs between the end of an academic year and the beginning of a new academic year);
- You are terminated from school due to performance or attendance failure.
Not sure if a change in circumstances will affect your Visa in Australia? Speak to our consultant now for free consultation.
COE Cancellation Solutions
Nobody wants COE cancellation, but if you happen to be in a situation where your school terminated your study, usually, the school will provide you an opportunity to make an appeal where you can send a written statement on why you should be given another chance by the school to improve your grades and attendance, and the reasons for your previous failure along with the supporting documents. If you fail to provide a reasonable statement and the school rejects your COE cancellation appeal, you can make a complaint to the ombudsman of Australia.
Contact us here for guidance in making strong COE cancellation appeal statements.
If it remains unsuccessful, your school will cancel your COE or Certificate of Enrollment, which will result in student visa cancellation in 28 eight days.
During such a duration, you could leave Australia and cancel your student visa from your side or be enrolled in another study program and/or provider, and provide a new COE to the immigration. Failure in doing so will result in an automatic Student Visa cancellation that will make your stay unlawfully in Australia. This will affect your immigration history and make future visa applications much more difficult.
What to do if your Student Visa get cancelled?
Once your student visa gets cancelled, you have 28 days to leave the country and re-apply for a visa from your home country, or 21 days to make an appeal to the AAT.
Departing Australia and Re-applying for a Student Visa
Is it possible to reapply for a Student Visa after cancellation? Yes, it is possible. However, you have to consider that your Student Visa Cancellation history will be taken into account by the Immigration when deciding on your next visa application. Check here if cancellation or refusals affect you.
Make an Appeal for a Merit Review to Administrative Appeal Tribunal
You will also be entitled to apply to the Administrative Appeals Tribunal (AAT) for a merits review of the cancellation decision.
Get more information on making an appeal to AAT, and what will happen if the appeal is not successful here.
Under such circumstances, you have to make a quick decision as each option has its own consequences.
What will all these mean for you and what rights will you have? These are important questions which an experienced professional can help you with.
We Can Help You! What We Can Do To Avoid Your Student Visa Cancellation?
Cancellation of your Student Visa can be a devastating experience. However, contacting a Registered Migration Agent in Australia may be beneficial.
Aside from just giving you certain information and advice on your current status in Australia, a Registered Migration Agent can also help you with the best options possible you have in regards with your situation.
In addition, it is always nice to feel the security of hiring professionals to take care of your case, right?
If you are unsure of what the next step or options you have after student visa cancellation or after receiving notice of intention to cancel, or if you want to discuss your visa matter, book a FREE Student Visa Consultation with one of our Career Development Consultants or contact us education ONE Australia through email at s[email protected] or via phone on at 1300 083 663.
At ONE derland Consulting along with our highly experienced and professional Registered Migration Agents we have a dedicated team of consultants that will be on hand to offer you insight and assistance on your next visa application.
We have years of experience in helping hundreds of international students to overcome their visa cancellation no matter how complex the circumstances. We treat every individual differently based on their situation to determine the best options for their future visa. We look forward to assisting you with your visa and dreams of studying in Australia.
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