Receiving a visa cancellation notice due to a work breach is a serious matter that strikes at the heart of your ability to live and work in Australia. If you believe the decision was incorrect or unfair, you have the right to challenge it, but understanding the legal status of your “work rights” during this period is critical.

Here is the breakdown of what happens when you appeal and how your employment status is impacted.

The Appeals Process: Staying Lawfully in Australia

When your visa is cancelled, your legal right to reside and work in Australia ends immediately. However, if you lodge an appeal with the Administrative Review Tribunal (ART)—formerly the Administrative Appeals Tribunal (AAT)—within the strict timeframes provided in your cancellation notice, you may be able to stay in Australia lawfully while your case is being reviewed.

• Bridging Visas: Once you lodge a valid appeal, you are typically granted a Bridging Visa. This allows you to remain in Australia as a lawful non-citizen while the Tribunal reviews the decision.
• The Status of Work Rights: Your right to work while on this Bridging Visa is not automatic. You must check the specific conditions attached to your new Bridging Visa. Often, a Bridging Visa granted during an appeal process may carry the same work restrictions as your previous visa, or it may have “no work” conditions attached unless you can prove financial hardship.

Can You Keep Working?

This is the most common point of confusion. Do not assume you can continue working.

1. Check Your Bridging Visa Grant Notice: Once you lodge your appeal, you will receive a grant notice for a Bridging Visa. You must look for the section titled “Conditions.” If it says “8101: No work” or contains other limitations, you are legally prohibited from working.
2. The Risk of Working Illegally: If you work while your Bridging Visa has a “no work” condition, you are in breach of your visa conditions. This can lead to the cancellation of your Bridging Visa, detention, and a permanent mark on your immigration record that makes future visa applications extremely difficult.
3. Applying for Work Rights: If your Bridging Visa has “no work” conditions and you are in financial hardship, you may be able to apply to the Department of Home Affairs to have these conditions varied or removed. You will need to provide evidence of your financial situation.

What to Do If You Receive a Breach Notice

If you are facing a visa cancellation due to an alleged work breach, you must act with precision and speed.

• Respect the Deadline: You usually have a very short window (often 21 or 28 days) to lodge an appeal. Missing this deadline is usually final, meaning you will be required to leave the country.
• Seek Legal Counsel Immediately: Visa cancellation appeals are complex. A Registered Migration Agent or immigration lawyer can determine if your appeal has a strong chance of success and help you navigate the process of obtaining work rights on your Bridging Visa.
• Be Transparent with Your Employer: If you are currently working, you must inform your employer if your status changes. If you are no longer legally permitted to work, you must stop immediately. Working illegally puts both you and your employer at risk of heavy penalties.

Key Takeaways for Your Strategy

• The Appeal is Not a “Stay”: Lodging an appeal keeps you in Australia lawfully, but it does not automatically grant you the right to keep your old job.
• Review Your Conditions: Always look at your specific Bridging Visa grant letter. Never rely on what you think your rights are.
• Don’t Ignore the Issue: If you fail to appeal or fail to resolve the breach, you risk becoming an “unlawful non-citizen,” which can trigger re-entry bans of 3 to 10 years.

Disclaimer: This information is for general guidance and does not constitute legal or migration advice. Migration laws are complex and change frequently. If you are facing visa cancellation, consult with a qualified migration professional immediately.