As practitioners, we have seen many cases where clients put in a great deal of effort and hard work to obtain an Australian Permanent Resident visa, only to have their PR visa cancelled by the Department of Home Affairs for various reasons.
In today’s article, we will summarise which actions can lead to an Australian PR visa being cancelled, as a warning and a reference for those who already hold Australian PR and those preparing to apply.
First, let’s look at the lifestyle advantages Australian PR provides.
Advantages of Australian PR
A holder of an Australian Permanent Resident Visa (Australian Permanent Resident Visa) is what we commonly refer to as a PR.
A permanent resident is not the same as an Australian citizen and still holds a Chinese passport. During the COVID-19 pandemic, fully vaccinated Australian permanent residents are among the groups exempt from border restrictions when travelling between China and Australia, making it the visa of choice for many people who want to live more conveniently across both countries.
Holders of an Australian Permanent Resident visa can:
Stay in Australia indefinitely;
Study and work in Australia;
Access Australia’s national healthcare scheme, Medicare;
Apply for loans to purchase real property;
Sponsor relatives to become PRs (not all relatives);
Apply for citizenship (subject to residency requirements);
Travel to and from Australia an unlimited number of times within the travel authority period
(initially 5 years; once expired, a Resident Return Visa (RRV) is required);
Attend free English classes provided by the Adult Migrant English Program
for adult migrants;
Work in New Zealand;
Access welfare and services provided by the government.
Differences Between Australian PR and Australian Citizenship
Compared with Australian citizens, PR holders are subject to the following limitations:
Apart from Australia and New Zealand, visas are still required to travel to other countries;
No right to vote or stand for election;
Cannot serve in the Australian Defence Force;
Cannot work in Australian government departments;
When returning to Australia from overseas, must ensure travel authority is within its valid period (rules differ between PR subclasses;
each person’s specific travel conditions are as set out in their visa grant letter).
Having made the decision to apply for PR and invested significant time, money and effort into doing so, PR holders certainly do not want their visa to be cancelled. However, obtaining PR does not mean you can rest easy forever — compared with citizenship in particular, PR is far more likely to be cancelled. Let’s look at the common reasons for PR cancellation.
Main Reasons for PR Cancellation
1. Information provided in the PR application was untrue, meaning the basis on which the visa was granted does not exist
Common forms of false information and misleading material include:
Falsified identity information
Falsified English test results
Falsified academic qualifications
Falsified work experience
Providing a non-genuine spousal relationship, etc.
2. The PR applicant has committed serious criminal offences and fails the character requirement
2.1 Having a substantial criminal record
(substantialcriminal record)
“substantial criminal”—“substantial criminal record” mainly includes:
*Being sentenced to death or to life imprisonment
*Being sentenced to imprisonment of 12 months or more
*Being sentenced to imprisonment on two or more occasions, for a total of 12 months or more
*Being found to have committed a crime while suffering a mental impairment and being committed to a relevant facility (i.e. actually committed the offence but, for various reasons, not imprisoned)
2.2 Having attempted to escape from immigration detention, or having committed offences during / before or after immigration detention.
2.3 There are reasonable grounds to suspect that the person is a member of, or has any association with, a particular organisation. (This refers to
organisations that breach the criminal law.)
2.4 Sexual offences against children
2.5 Other offences including involvement in genocide, crimes against human rights, human trafficking, etc.
2.6 Having regard to the person’s past and present criminal record or past or present conduct, it is found that the person
is not of “good character”.
2.7 Upon entering Australia, the person would pose a ‘threat” to the safety of the Australian people — that is, the person is likely to be involved in criminal offences in Australia, sexual offences against others, or violent activities harmful to community safety.
Closing thoughts
Luo Xiang once said, the law is the minimum standard of morality. The choices we make in our life planning also affect the
environment we live in. It is therefore not hard to understand why Australia imposes requirements and
restrictions on those who choose to live here.
Wherever you are, always comply with local laws and policies, and do not let your future life pay the price for avoidable mistakes.
If you encounter a visa refusal or cancellation in Australia, engage a properly registered migration agent to assess and plan your case, so as to avoid being misled or making a misjudgement that costs more than it is worth.
