Can I Apply for Australian Citizenship After a Visa Cancellation on Character Grounds?

Wanting to apply for Australian Citizenship, but you were previously faced with a visa cancellation on character grounds, you may wonder if it would affect any future visa or Australian citizenship application.

Visa cancellations due to Section 501 typically occur if an individual fails to meet the character test, with the focus being that the visa holder does not pose a threat to the Australian community. This often relates to criminal conduct, failure to comply with visa conditions, or associations with individuals or groups involved in criminal activities.

What are the Pathways to Australian Citizenship?

To apply for citizenship, you must be a permanent resident (PR), meet the residency requirements and demonstrate good character. A cancellation on character grounds will complicate citizenship eligibility since having good character is a key requirement. If your visa has been cancelled, it may significantly affect your ability to apply for citizenship.

What Type of Visa Cancellation May Affect Australian Citizenship?

If you have had your visa cancelled due to character issues, this decision will be recorded in your immigration records. With that, this visa cancellation decision may affect your Australian Citizenship application. We strongly suggest that you speak with an Accredited Specialist in Immigration Law before taking any action. We listed various visa cancellation scenarios below, but not limited to:

If your visa was cancelled due to minor criminal offences or traffic violations, and you can demonstrate rehabilitation, it may improve your chances for a citizenship application.
Suppose your visa was cancelled due to serious criminal activity, such as assault, domestic violence, or drug-related offences. It is important to seek professional legal advice for options, as it depends on the seriousness of the offence and the time elapsed since serving your sentence.
If the visa cancellation occurred because you failed to comply with certain visa conditions, such as work rights, work limitations, study obligations, and more. You may have a possible pathway for Australian Citizenship.

Even though it may be unsatisfactory and disappointing to receive the visa cancellation decision, it may hinder you from meeting your objective. Consider consulting with an Accredited Specialist in Immigration Law, who can provide detailed guidance specific to your circumstances and help you navigate appealing the cancellation or lessen the effect.

Additionally, you may have the option to appeal to the Administrative Review Tribunal (ART) if you believe the cancellation was unjust. Work together with your immigration lawyer to address the issues that led to the visa cancellation, such as ongoing good behaviour, evidence of rehabilitation, community involvement and more.

How Can Agape Henry Crux Help You?

Applying for Australian citizenship after a visa cancellation is challenging but not impossible. Resolving issues related to character can be time-consuming. Be prepared for a possible lengthy process as you gather and prepare documentation while working with your immigration lawyer. At Agape Henry Crux, schedule a time with one of our Accredited Specialists in Immigration Law who specialises in handling highly complex matters. You can book a Migration Planning Session with our team by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. If these aren’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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