Immigration Lawyers and Migration Agents

Your Australian Visa Our Focus

The Australian Government announced that it will close the Global Talent Visa in late 2024 and replace it with the new National Innovation Visa. Follow this link for more details about the National Innovation Visa.

Since the Federal Labor government came into power in May 2022, there had been a number of concerns raised in relation to the future of the Global Talent Visa (subclass 858). However, based on the recently released Review of the Migration System and the speech of the Minister for Home Affairs, the Hon Claire O’ Neil MP, it seems that the Global Talent Visa still has a place in Australia’s migration system and the this visa still has a bright future.

The concerns about the future of the Global Talent Visa came about when the Australian government significantly decreased the allocations for this visa from 15,000 places to just 5,000 places. The visa also got de-prioritised and the Global Talent Attraction Officers’ roles had been changed which resulted to the significant slowing down of the processing of the Global Talent visa Expressions of Interest (EOIs) and of the visa applications. Before this visa got de-prioritised, some EOIs was being processed in about 2 days to about 1 month and the visa granted within a month (or less) depending on the health and character checks.  It now takes 4-6 months for prioritized EOIs to get a response and about 7 months for Global Talent Visa applications to be decided.

Some even feared that the Global Talent visa will be abolished because of the perceived government attitude towards the Global Talent Visa and their preference for employer sponsored visas, independent skilled and regional visas.

However, based on the report and the Minister’s speech, the Global Talent Visa will still be a good option for those high-performing, specialized highly skilled, highly paid professionals who have the skills, talents and innovative spirit that Australia wants and needs to create jobs, help the economy, raise Australia’s technical and academic standards, and its competitiveness in the global market and contribute to Australia’s growth.

Get to know more:

• Government Updates

• Number of allocations 2022/2023

• What is the Global Talent Visa in Australia?

• Target sectors for the Global Talent Visa

How can Work Visa Lawyers help?

If you are interested in the Global Talent Visa or needs help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of the Global Talent visa application process. We are able to assist with all aspects of the application, and can also provide advice in relation to:

• your eligibility for a Global Talent Visa
• documents to demonstrate your skills and ability to attract the FWHIT salary

Work Visa Lawyers will provide an eligibility assessment before advising you to proceed with a visa application.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Global Talent EOI, visa application or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online  or call us at (+61) 8 8351 9956.

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

There are several reasons why your Australian visa can be cancelled. 

The following scenarios are common:

• Cancelled due to breaching a visa condition.
• Cancelled on reasonable suspicion that conditions of the visa are being breached.
• Cancelled due to pending criminal charges.
• Cancelled due to providing false and misleading information.
• Cancelled due to failure of the character test.
• Student visa holders not meeting the requirements of their course or not being enrolled full time.

Visitor visa cancellation at the airport

Tourist visa holders are commonly caught by immigration officials for failing to declare their intentions for their visit or for bringing hazardous materials into Australia.

Recently, any visitor visa holder who breaches Australian biosecurity laws will have their visa cancelled and may be detained in immigration detention pending their removal from Australia. The cost of this removal will be met by the non-citizen.

Automatic cancellation of a visa

Your visa will be automatically cancelled if you meet the following criteria:

1. You are not a citizen of Australia; AND

2. you are currently serving a sentence of imprisonment in a custodial institution, on a full time basis for an offence against a law of the Commonwealth, State or Territory; AND

• while you have been in Australia you have been sentenced to a term of imprisonment for 12 months or more.

OR

• you have ever been convicted of a sexual offence against a child.

Cancellation process

An Australian visa can only be cancelled by the Department of Home Affairs or the visa holder writing to the Department to cancel their current visa. Any other third party cannot cancel your current visa.

You may receive a warning letter advising you that your visa may be cancelled. This is known as Notice of Intention to Consider Cancellation. If you receive this notice, you may choose to respond. As this notice is already a warning, it is best you seek legal advice upon first receiving this notice.

If you respond to the Notice and the Department accepts your response, then you will continue to hold a visa. If the Department does not accept your response or you do not respond then a Notice of Cancellation notice will be sent to you either by Post, Email or in Person.

My Visa is cancelled, what are my options?

If the decision is a discretionary visa cancellation

Once a Notice of Cancellation is received by you, it means you no longer hold a valid visa and you are considered unlawful. However you can appeal the decision in the Administrative Appeals Tribunal. During this time, you may be transferred to an immigration detention facility because you do not hold a visa.

If the decision is a mandatory visa cancellation

If your visa is cancelled automatically because of your criminal history then you will have 28 days from the date of the notice to request that the Minister reconsider the cancellation and revoke the decision.

You must make sure that your response reaches the Department in time. You must complete the Request for Revocation of a Mandatory Cancellation Under 501(3A) form within 28 days. Supporting evidence should also be given to support your claims in accordance with Ministerial Direction 79.

What if I have a visa application in processing at the time of my visa cancellation?

Cancellation decisions will, as a consequence, lead to any un-decided visa applications or visas held also being refused or cancelled. Any bridging visa you hold associated with a visa application will also be cancelled.

Visa cancellation trends

Data from the Department of Home Affairs shows that over a 12 month period there were 888 visa canceallations on character grounds alone. New Zealand nationals represented the greatest share of visa cancellations, however they also have the greatest representaion amongst visitor visa holders overall.   

Character cancellations undertaken from 1 January 2018 – 31 December 2018, By top 10 nationalities

Source: Department of Home Affairs

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Overview

When it comes to Australian immigration it is essential to know what deadlines you have and that you abide by them. The Department of Home Affairs adheres to strict time limits that apply to all applicants. With that being said, in November 2018 the Federal Court of Australia (FCA) set a new precedent that grants the AAT power to extend time limits for review cases. This meant that the Australian visa appeals and migration review tribunal, on a case by case basis, would be able to allow a refused applicant extra time to appeal the administrative decision. Less than a month later though, the Full Court repealed the decision of the FCA and decided that every applicant in a migration matter must apply to the Administrative Appeals Tribunal (AAT) within the allotted time limit.

Australian Visa Refusal Notification Options for the Appeal & Review Process (Tribunal & Ministerial Review) AAT - Judicial Review - Visa Rejection - Intervention - Policy - Obligations - Requirments - How to Re-Apply