The Migration Act (1958) covers information on cancellation of regional sponsored employment visas. Subdivision GC under Division 3 of Part 2 of the Act deals with cancellation of regional sponsored employment visas. Division 3 of Part 2 covers all points in relation to visas for non-citizens.
What are regional sponsored employment visas in Australia? These visas allow employers to fill labour shortages in regional areas. They can do by sponsoring skilled workers from overseas who can live and work in the regional area.
Subdivision GC consists of 4 Sections – 137Q, 137R, 137S and 137T. In this blog, we will go over these sections to understand cancellation of regional sponsored employment visas. Before we delve into the Sections of Migration Act, let us look at some types of regional sponsored employment visas.
Types of Regional Sponsored Employment Visas in Australia
Given below is a list of some of the visas that fall under the regional sponsored migration scheme within the country.
Regional Visas
- Skilled Work Regional (Provisional) visa (subclass 491)
- Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
- Permanent Residence (Skilled Regional) visa (subclass 191)
Temporary Skilled Visas
Permanent Skilled Visas
Section 137Q: Cancellation of Regional Sponsored Employment Visas
Section 137Q states certain points for situations where employment does not commence, and where employment terminates in 2 years.
Employment Does Not Commence
Cancellation of regional sponsored employment visas by Minister may occur under come circumstances. This includes if the visa holder has not started the employment specified in the relevant employer nomination within the period prescribed by the regulations.
Moreover, if visa holders are unable to prove that they have made a genuine effort to commence that employment within that period, the Minister may cancel the visa.
Employment Terminates Within 2 years.
Similarly, the Minister may also cancel the visa of a person who has commenced the employment referred to in the relevant employer nomination (whether or not within the period prescribed by the regulations) if the employment terminates within the required employment period of two years starting from the day the person commenced that employment.
In this case, the Minister must also be satisfied that the visa holder has not made a genuine effort to be engaged in that employment for the required employment period.
Regional Sponsored Employment Visa
Under this Section,”regional sponsored employment visa” means a visa of a kind that:
- is under a class of visas that has the words “Employer Nomination” in its title; and
- is prescribed by the regulations for the purposes of this definition.
Section 137R: Representation Concerning Cancellations Etc
This Section states that the Minister must provide written notice before cancelling a person’s visa under Section 137Q. The written notice must:
- State that the Minister proposes to cancel the visa; and
- Invite the person to make representations to the Minister concerning the proposed cancellation within:
- 28 days after the applicant receives notice (if Minister gives notice within Australia
- 70 days after the applicant receives notice (if Minister gives notice outside Australia)
Subsection (2) states that the Minister must consider any representations that they receive within that period. Moreover, subsection (3) states that the Minister must provide the person a written notice if they decide not to proceed with the cancellation.
Section 137S: Notice of Cancellation of Regional Sponsored Employment Visas
Section 137S states that if the Minister decides to cancel a person’s visa under Section 137Q, then he or she must give the person a written notice of their decision. This notice must:
- specify the reasons for cancellation; and
- state whether the decision to cancel the visa is reviewable under Part 5 of the Migration Act
- state the period within which the party can make application for review, who can apply for the review and where they can make the application for review (if the visa holder can review the decision under Part 5).
Subsection (2) of the Section states that the Minister’s failure to give a written notice of the decision does not affect the validity of the decision.
Section 137T: Cancellation of Other Visas
Subsection (1) of Section 137T states that if a person faces cancellation of visa under Section 137Q, another person who holds a visa because they are a member of the same family unit will also face visa cancellation.
Subsection (2) of the Section states that the cancellation under Subsection (1) is set aside if the cancellation of the person’s visa under Section 137Q is set aside under Part 5. Part 5 of the Act is related to review of decisions on visa cancellations.
Importance of Seeking Legal Advice from Migration Lawyers
Migration lawyers play a crucial role in the Australian immigration system. They assist individuals and businesses with the complex legal process of migrating to Australia and ensure that their clients meet the necessary requirements for successful visa applications.
Migration lawyers can also provide support and advocacy in cases where a client’s visa application has been refused or cancelled. They can assist with appeals and reviews, ensuring that their client’s rights are protected and that they have the best possible chance of success.
At JB Solicitors, we have a team of leading lawyers who can assist you with all immigration related matters. For more information, do not hesitate to contact our team of expert lawyers today.