How to Avoid Visa Cancellation
7 Condition Breaches Imposed on Student Visa
When an Australian visa is granted, various conditions can be attached to it. Adhering to these conditions is crucial not only for maintaining the visa but also for potential future visa applications, as they can have an impact.
Typically, visa conditions are not arbitrarily assigned. Some are mandatory based on the type of visa, while others are granted at the discretion of immigration officers, considering factors like the applicant’s past visa history and current situation. In most cases, the types of conditions that can be attached to each visa have already been established.
The details of conditions for each visa are specified in the attached Immigration Regulations of Australian immigration law. When you receive your visa approval notice, it will outline the applicable visa conditions along with their specific details. (See the sample below for reference).
1. 8202: Enrolment Maintenance
2. 8202: Changing to a Lower Education Level Course
3. 8202: Academic Warning due to Poor Academic Performance
Even if a student is enrolled in the intended course, if their grades do not meet a certain level, the school or institution is required by law related to providing education services to take action. If academic performance does not improve despite such actions, it will be reported to the Department of Immigration and Education through the PRISMS system, which can be grounds for visa cancellation.
4. 8202: Attendance Maintenance
5. 8105: Breach of Work Hours
6. 8501: breach of Maintaining Health Insurance
7. 8533: Missing Official Notices due to Failure to Update Address
In addition to the seven scenarios mentioned above, there are many other situations that can lead to a breach of visa conditions, including breach of condition 8303: Not be disruptive (involving community-related disturbances, refusal of alcohol testing, etc.), failure to provide education to enrolled children, and failure to provide welfare support to minor student visa holders.
To avoid these situations, it is crucial to clearly understand and adhere to the visa conditions granted when receiving a student visa. In the event of a visa condition breaches, the Department may initiate the visa cancellation process. Particularly, when a visa holder departs from Australia during a vacation period, visa cancellation may be enforced arbitrarily without prior notice. Therefore, the best course of action is to make efforts to comply with the visa conditions of the approved visa to prevent visa cancellation.
