From Sudden Job Loss to a Fresh Start in Australia

The Dream

After years of building a life in Australia, a skilled chef believed his future was secure. He had lived in Australia since 2019 and worked lawfully under a subclass 482 visa with an approved sponsor in the hospitality industry. His work supported not only his career but also his family life and long-term plans, including significant financial commitments in Australia. Like many skilled workers, he relied on stability in employment to remain compliant with his visa conditions.

The Problem

Everything changed when his employment was terminated in April 2020, just days before he planned to apply for permanent residence. Without work, the clock started ticking. Condition 8107 limited how long a subclass 482 visa holder could remain unemployed. The Department later decided the chef had ceased employment for more than 90 consecutive days and cancelled his visa under section 116 of the Migration Act. The cancellation placed his lawful stay in Australia at risk and raised the possibility of removal, despite years of prior compliance.

The Solution

The decision was taken to the Tribunal. The review focused on whether the visa should be cancelled, even if a technical breach had occurred. Evidence showed the termination was outside the applicant’s control. After losing his job, he actively sought new work and secured a position as a sous chef. He also took steps to regularise his status and, by the time of the Tribunal decision, he was the subject of an approved nomination for a new subclass 482 visa. The Tribunal considered his long residence in Australia, family ties, financial commitments and the hardship cancellation would cause.

The Victory

The Tribunal accepted that while the ground for cancellation technically existed, cancellation was not justified. It found the applicant had taken genuine steps to remedy his situation and now held an approved nomination. Taking all circumstances into account, the Tribunal set aside the cancellation decision and substituted a decision not to cancel the visa.

Their Words

“I never stopped trying to do the right thing. This decision meant I could stay, keep working, and continue the life I had built in Australia.”

If you are in a similar situation, or know someone who may require professional assistance with a visa nomination, skills assessment, or Tribunal review matter, we encourage you to seek tailored advice.

You may contact Solve Migration for a confidential consultation:

Book a Consultation:
https://solvemigration.com/book-an-appointment/

Email:
ask@solvemigration.com

Our team can assess your circumstances, identify available pathways, and guide you through each stage of the process with clear and practical advice.