What happens if my circumstances change after I've applied for a visa?

In Plain English

If your situation changes after you've applied for an Australian visa, you need to let the Department of Home Affairs know as soon as you can. This is really important because the information you gave in your application needs to be up-to-date. The Migration Act 1958 says that you have to inform an officer in writing about these new circumstances and provide the correct information. This applies whether you're applying from inside or outside Australia, but the timeframe for when you need to report these changes differs slightly depending on your location. Even if your visa has already been granted, you still need to report these changes.

Detailed Explanation

According to section 104 of the Migration Act 1958, if an applicant's circumstances change after applying for a visa, they have a legal obligation to inform an officer in writing "as soon as practicable".

The timing of this obligation depends on whether the applicant is in or outside Australia:

• If the applicant is in Australia: The obligation to report changes in circumstances only applies to changes that occur before the visa is granted (subsection 104(2)).
• If the applicant is outside Australia: The obligation applies to changes in circumstances that occur after the application is made but before the applicant is immigration cleared (subsection 104(3)).

It's important to note that this obligation exists despite the grant of any visa (subsection 104(4)). This means even if a visa has been granted, the applicant is still required to report any relevant changes in their circumstances that occurred within the specified timeframes.

Additionally, section 105 of the Migration Act 1958 states that if a non-citizen becomes aware that an answer provided in their application form, passenger card, or information given under section 104 was incorrect when it was given, they must, as soon as practicable, notify an officer in writing of the incorrectness and provide the correct answer. This obligation also applies despite the grant of any visa.

Section 106 of the Migration Act 1958 clarifies that the obligation to provide correct information is not removed or affected by the fact that the Minister or an officer had, or had access to, other information provided by the non-citizen for unrelated purposes, or any other information.

Failure to comply with these sections of the Migration Act 1958 could lead to the Minister giving a written notice under section 107, potentially leading to visa cancellation.