Partner Visa Cancellation Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Expertise in Partner Visa Cancellation Appeals

Responding to NOICC for Partner Visas

We help respond to “Notice of Intention to Consider Cancellation” (NOICC) and prepare submissions to prevent visa cancellation.

Partner Visa Cancellation Appeals (ART)

Our lawyers manage appeals to the Administrative Review Tribunal (ART) if your partner visa is cancelled, building a strong case for revocation.

Judicial Review for Partner Visa Cases

If an ART decision is unfavourable, we advise on and can represent you in judicial reviews for partner visa cancellations at Federal Courts.

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We encourage a free 15-minute call to discuss your situation & map out a path to appealing your Partner Visa Cancellation.

What Our Happy Clients Say

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Understanding Partner Visa Cancellation

Your partner visa can be considered for cancellation if you fail to comply with conditions (like maintaining a genuine relationship), don’t meet character requirements, or if false information was provided in your application.

Receiving a Notice of Intention to Consider Cancellation (NOICC) is a critical alert requiring an urgent, strategic response. A cancellation can lead to loss of legal status, potential deportation, and re-entry bans, significantly impacting your future in Australia with your partner.

Why Choose Moya Migration Law for Your Partner Visa Cancellation Appeal?

Facing a partner visa cancellation is distressing. Moya Migration Law offers extensive experience in complex cancellation cases, direct lawyer communication, and strategic advocacy dedicated to protecting your right to remain in Australia with your partner.

Extensive Partner Visa Cancellation Experience

Led by Daniel Moya (since 2002), we have a proven track record managing complex partner visa cancellation appeals before the ART.

Direct & Clear Communication

You’ll have direct access to your lawyer, receiving regular updates and clear, plain-English advice throughout your partner visa cancellation matter.

Strategic Visa Appeal Advocacy

We develop tailored legal strategies to robustly appeal your partner visa cancellation, preparing compelling submissions to address all grounds.

Deep Knowledge of Migration Law

Our profound understanding of the Migration Act 1958 (Cth) and specific partner visa cancellation provisions ensures expert legal handling of your case.

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15-Min Consultation

Our 5-Step Partner Visa Cancellation Appeal Process

Appealing a partner visa cancellation requires a sensitive yet strategic approach. Moya Migration Law guides you through each stage, providing expert advice and dedicated representation to build the strongest case for your future in Australia with your partner.

1

Initial Consultation & Engagement

We discuss your partner visa cancellation notice (or NOICC), assess the circumstances, advise on appeal options, and formalise our engagement.

2

Strategic Case & Evidence Preparation

Our team meticulously prepares detailed written submissions and assists in gathering crucial evidence to support your appeal.

3

Response/Appeal Lodgement

We manage the timely submission of your response to a NOICC or your formal appeal application to the Administrative Review Tribunal (ART).

4

Expert Representation at Hearing

We provide skilled legal representation at any tribunal hearings, advocating strongly on your behalf to challenge the partner visa cancellation.

5

Guiding Your Next Steps to Visa Success

Following a successful outcome, we guide you on securing your visa status. Should further advocacy be needed, we clearly advise on all available legal pathways.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Partner Visa Cancellation Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally manages each client’s case. With over two decades in Australian migration law since 2002, Daniel offers expert guidance for complex partner visa cancellation matters, including NOICC responses and ART appeals.

Daniel is committed to providing clear, plain-English advice and personalised strategies to protect your future with your partner in Australia. His extensive experience includes successfully appealing cancellations before the Administrative Review Tribunal. Daniel also offers legal assistance in Spanish.

Frequently Asked Questions about Partner Visa Cancellations

Can my partner directly cancel my visa in Australia?

No, your partner cannot directly cancel your visa, as this power rests exclusively with the Department of Home Affairs. However, information provided by your partner, such as reporting a relationship breakdown, can trigger an investigation by the Department that may lead to a visa cancellation. It is crucial to seek legal advice from an immigration lawyer if you receive a notice of intention to consider cancellation.

Can a permanent partner visa be cancelled if the relationship breaks down?

Generally, a permanent partner visa is not cancelled solely because a relationship ends. However, if the Department of Home Affairs discovers that misleading or fraudulent information was provided during the original visa application process, this could become grounds for the cancellation of the permanent visa. An experienced immigration lawyer can provide legal advice regarding your visa status.

Are there any exceptions to partner visa cancellation if the relationship ends?

Yes, exceptions exist that may prevent the cancellation of a temporary partner visa even if the relationship with your spouse or de facto partner ends. These special circumstances apply if the visa holder has experienced domestic and family violence, if there is a child from the relationship, or if the sponsoring Australian partner has passed away. You should seek legal advice to see if these provisions apply to your situation.

Will I lose my visa if I get divorced in Australia?

Divorce does not automatically lead to the cancellation of a partner visa. The Department of Home Affairs may review your case to ensure the relationship was genuine at the time of the visa application and to determine if other criteria are met that might allow you to remain in Australia. It is highly recommended to seek legal advice from an immigration lawyer in this situation.

What should I do if my partner visa is cancelled?

If your partner visa is cancelled, you should seek immediate legal advice from an immigration lawyer to understand the reasons for the decision. A lawyer can explain your rights, assess your case, and determine if you have grounds to appeal the cancellation to the Administrative Review Tribunal (ART). Acting quickly is critical, as strict time limits apply for lodging an appeal.

Can an Australian visa be cancelled after it has been approved?

Yes, an Australian visa can be cancelled after it has been granted. A visa cancellation can occur if the visa holder breaches their visa conditions, provides false information in their visa application, or fails to meet the character requirements under the Migration Act 1958. The Department of Home Affairs has the power to cancel a visa on these and other statutory grounds.

Can I stay in Australia if I break up with my partner?

Your ability to stay in Australia after breaking up with your partner depends on your visa status and specific circumstances. If you hold a temporary partner visa, the end of the relationship can be a reason for cancellation, but you may be able to remain if exceptions, such as those involving family violence or children of the relationship, apply. You should seek legal advice from one of our immigration lawyers to explore your options.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.