457 Visa Cancellation – Non-commencement of Employment


In this case, Mr C. He engaged us after having received a letter from the Department of Immigration and Border Protection notifying him of an intention to cancel his subclass 457 Temporary Work (Skilled) visa. The Department based this on the fact that our client had breached one of the visa conditions, which required that any period of unemployment should not exceed 90 consecutive days.

We contended to the Department that the reason our client remained unemployed for such an extended period of time was due to compelling circumstances. We submitted that our client’s nominated employer terminated his employment contract upon arrival in Australia on his 457 visa and misled him into believing that he would commence work with them in the near future.

During the period of time in which the Department was considering cancellation of the visa, Mr He found new employment and his employer engaged our assistance in applying for a new 457 nomination. As the Department was satisfied with our submission, it postponed its decision and ultimately decided not to proceed with the visa cancellation after the new 457 nomination was approved.

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