The short answer is yes, but the strategy is extremely high-stakes. In 2026, a Notice of Intention to Consider Cancellation (NOICC) is not a final decision; however, it puts your migration status in “critical condition.”

Under the current 2026 migration framework, applying for a new visa while a NOICC is pending is a race against the “Section 48” bar.

1. The “Golden Window” Before Cancellation

As long as your current visa has not been cancelled, you are still considered a substantive visa holder. This is your most valuable asset.

• The Opportunity: You can lodge a valid application for a different visa subclass (e.g., Partner 820 or Skilled 190) before the Department makes a final decision on your NOICC.
• The Risk: If you lodge a new application and then your current visa is cancelled, your Bridging Visa (associated with the new application) will usually be cancelled automatically at the same time.

2. The Section 48 Bar (The “Wall”)

In 2026, the Section 48 Bar remains the biggest threat to migrants in Australia.

• When it triggers: If you do not hold a substantive visa and your visa is cancelled, you are “barred” from applying for most other visas while remaining in Australia.
• The Trap: If you wait until after the cancellation to apply for a new visa, you will find your options limited to very few subclasses (like Protection Visas or specific Skilled Regional 491/494 visas, depending on the state).

3. Strategic “Lodge and Respond”

Most 2026 migration agents use a two-pronged strategy when a client receives a NOICC:

1. Concurrent Lodgement: If the applicant is eligible for a more secure visa (like a Partner or Employer-Sponsored visa), they lodge it immediately to “get it in the system.”
2. Robust NOICC Defense: They simultaneously file a high-level legal response to the NOICC. If they can prevent the cancellation, the new visa application continues to be processed normally.

4. The 2026 “Exploitation” Exception

Under the Migration Amendment (Combatting Migrant Exploitation) Act 2026, there is a special pathway if your NOICC was triggered by an employer’s actions.

• If you can prove the breach leading to the NOICC was due to coercion, you may be eligible for a Workplace Justice Certificate.
• This certificate can essentially “freeze” the cancellation process, giving you a legal bridge to apply for the Subclass 408 Workplace Justice Visa, which is exempt from many standard restrictions.

NOICC Action Timeline 2026