Obligation to notify of change of circumstance

When does the obligation to notify the Department of change of circumstance cease? Many people believe the obligation goes on for the entire duration of the visa, whatever the visa is, which is wrong.

It is commonly said that visa holders have an obligation to notify the Department of change of circumstances until a visa expires, whatever that visa subclass is. With respect, that is wrong. We discuss 5 topics below, namely visa cancellation for lack of notification, visa cancellation for breach of visa conditions relating to notification, visa cancellation without the visa holder's knowledge, visa cancellation for change of circumstance and PIC 4020.

Visa cancellation for lack of notification

A person's visa might be cancelled under s 109 if the that person does not comply with s 104, which reads as follows:

Section 104    Changes in circumstances to be notified 

(1)  If circumstances change so that an answer to a question on a non-citizen's application form or an answer under this section is incorrect in the new circumstances, he or she must, as soon as practicable, inform an officer in writing of the new circumstances and of the correct answer in them.

But the question which then arises is whether that obligation (under s 104) continues until the expiry of the visa. The answer is "no", for the following reasons...

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