Section 128 Cancellations for 457 visas (for condition 8107 ‘breach’)

People in the migration industry would be familiar with the intimidating tones that can sometimes be used by ministers and delegates alike. Sometimes warranted and sometimes not.

Great news is that we have just spoken with the Department of Immigration and Citizenship’s cancellations section about the ‘breach of condition 8107’ letters that 457 visa holders receive even after they have lawfully left the country within 28 days (now 90 days) of finishing a project with their sponsor. Traditionally, if a 457 visa holder ends their project in Australia and returns to their home country they will then receive an email or letter stating that they have ‘breached’ condition 8107 by ceasing their work with their sponsor for more than 28 days (now 90 days). The document is a legal document that intimidates and gives the employee a sense that they have done something very wrong with words such as ‘breach’ and ‘cancellation’.

The great news is that the cancellation section have told us that they are looking into ways to change the format so as to be less intimidating, and stop these well-meaning visa holders from being freaked by these letters. All improvement in communication is so welcome!

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