4 Ways You Can Lose Your Australian Permanent Residency (And How to Avoid It)

Did you know your Australian Permanent Residency (PR) can be cancelled even after it’s been granted?

While many assume that PR status is a permanent guarantee, there are several legal, procedural, and administrative situations that can cause you to lose your residency rights. 

From failing the Character Test to mistakenly applying for the wrong visa type, these pitfalls are more common than you might think — and they can have devastating consequences, especially if you're overseas when they occur.

In this article, we’ll cover the four most common reasons Australian PR is lost, with real-life examples and practical advice on how to avoid these costly mistakes.

Reason 1: Committing a Serious Offence

Your Permanent Residency can be cancelled if you fail the Character Test, especially if you:

• Receive a 12-month prison sentence (even if suspended)
• Commit domestic violence
• Are involved in repeated criminal offences
• Are convicted of serious driving offences like DUI or dangerous driving

Example:

A PR holder receives a suspended 12-month sentence and still loses their residency — even without serving time.

How to avoid this:

Stay out of legal trouble. If you’re facing charges, seek legal advice immediately.

Reason 2: Applying for a Temporary Visa After Getting PR

Many migrants don’t realise that applying for a temporary visa after receiving Permanent Residency can actually cancel their PR.

This can happen in several situations, including:

• When a PR holder applies for a temporary visa from outside Australia, or
• When someone onshore applies for a temporary visa and later applies for a permanent visa (or vice versa), and the temporary visa is granted after the permanent visa.

If the temporary visa is granted after the PR is granted — and the applicant did not withdraw the temporary visa application — the temporary visa will replace the permanent visa and cancel the PR.

This risk applies to visas such as:

• Visitor visa
• Student visa
• Working Holiday visa
• Graduate visa

Example 1: 

A PR holder offshore applies for a visitor visa to re-enter Australia more easily. When the temporary visa activates, their PR travel facility expires. They are no longer recognised as a permanent resident.

Solution:

If your PR travel facility has expired, always apply for a Resident Return Visa (RRV – subclass 155/157) — not a temporary visa.

Example 2

A person applies for a Student Visa while onshore. A few months later, they receive an invitation for the 190 visa, which is granted quickly — giving them PR.
However, because they did not withdraw their Student Visa application, the Student Visa is granted later and replaces the 190 PR visa, cancelling their permanent residency.

Solution:

After your PR is granted, remember to withdraw any other visa application you have lodged.

Contact us if you need help applying for a Resident Return Visa or understanding your PR conditions.

Reason 3: Spending Too Long Outside Australia

Your PR comes with a 5-year travel facility. If you stay outside Australia for too long and lose strong ties to the country, you may not be able to re-enter.

Example:

A PR holder works overseas for 7 years with minimal ties to Australia. Their Resident Return Visa is refused. They cannot return as a permanent resident.

How to avoid this:

• Travel back to Australia at least every 5 years
• Maintain strong connections (property, work, family) to Australia

Reason 4: Not Entering Australia by Your First Entry Date

If you were granted PR offshore, your visa includes a first entry date.

If you don’t enter by that date, your PR may become invalid — even before you’ve had a chance to move.

Solution:

Make a short trip to Australia before the first entry date to activate your PR.

Don’t Risk Losing Your PR

Many people make avoidable mistakes that lead to losing their Australian Permanent Residency. If you take the right steps and stay informed, most of these issues can be prevented.

If you’re facing criminal charges, visa complications, or have spent extended time overseas, get legal advice as early as possible.

Watch the Full Video:

In this video, we go deeper into each reason with visual examples and what steps to take next.

Need Help With Your PR Status?

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South Australia Opens 190 and 491 Visa Programs for 2025–26

South Australia (SA) has officially opened applications for the Skilled Nominated (subclass 190) and Skilled Work Regional (subclass 491) visas and released its updated criteria on the Move to SA website.

For the 2025–26 program, including interim allocations, South Australia has received:

This year brings one of the biggest changes in recent years:

• SA has removed 71 onshore occupations from the skilled list
• Reducing the number of eligible onshore occupations from 464 last year to just 393 this year
• There are 278 offshore occupations available

Combined with significant allocation cuts, the 2025–26 program will be far more competitive than previous years.
With a 41% overall cut, South Australia now faces the largest reduction in nomination places across the country.

If you work in construction, health, teaching or have a high salary, you may have a better chance of being invited by SA.

South Australia Skilled Migration Streams

South Australia continues to operate four key nomination streams:

1. South Australian Graduates
2. Skilled Employment in South Australia
3. Outer Regional Skilled Employment
4. Offshore

The eligibility and competitiveness within each stream have shifted significantly, and it will be more difficult to receive a nomination.

Onshore Applicants: ROI Required

Onshore applicants must now submit a Registration of Interest (ROI).
SA will consider a mix of factors from your ROI when deciding whether to invite you for nomination.

Key assessment factors include:

• English language level
• Years of skilled experience
• Skills and qualification level
• Salary level
• Employer assessment (for those employed in SA)

Tip: For onshore applicants, points do not matter.

Minimum Work Requirement – SA Onshore Applicants

All onshore applicants must be working at least 30 hours per week for a set period based on their stream.
This means most international students will not be eligible, as student visa work rights limit them to 24 hours per week or 48 hours per fortnight.

Occupations – 491 Visa Only (Not Eligible for 190)

A significant number of occupations have shifted to the 491 visa only, reducing access to the 190 visa pathway.

Examples include:

• Accountant
• Dentist
• Motor Mechanic
• Marketing Specialist

Occupations No Longer Eligible for the SA Graduate Stream

• Chefs
• Cooks
• Cafe or Restaurant Managers
• Enrolled Nurses

Occupations Keeping 190 or 491 Options

Despite the major reductions, some high-priority occupations still retain 190 eligibility, including:

• Engineers
• Teachers
• Registered Nurses

These align with South Australia’s priority industry needs.

South Australia Priority Sectors for 2025–26

The state will prioritise applicants in:

• Building and Construction
• Defence
• Education
• Engineering
• Health
• Manufacturing

Applicants in these sectors may remain competitive for 190 nominations, depending on experience, English level and employment arrangements.

Offshore Applicants: No ROI Required

Offshore applicants do not need to submit an ROI.
Invitations will be issued directly from SkillSelect based on your EOI.

For offshore candidates, the primary assessment factors remain:

• Your occupation
• Points score
• Competitiveness within your occupation group

Not all occupations have offshore pathways. Some are onshore-only, and others are 491 only.

Tip: Points matter for offshore applicants.

Numbers and Competition

Last year (2024–25), South Australia had about 60,000 EOIs and ROIs for only 3,800 places. This means the chance of getting an invite was very low — about 6.33%.

This year (2025–26), if there are still around 60,000 applications but only 2,250 places, the chance of getting invited will be even lower — around 3.75%.

Tip: If you are not receiving an invitation, consider other visa options such as employer-sponsored visas (482 visa, 186 visa, 494 visa or DAMA) or a partner visa if you have an Australian partner.

What These Changes Mean for Applicants

• Expect fewer invitations overall
• Many occupations will now only access the 491 visa
• SA employment is becoming a key factor
• Offshore candidates will likely need high points to stay competitive
• Some occupations require SA employment even for Graduate pathways
• Employer sponsorship pathways (482 → 186) may be more reliable

If you intend to apply through South Australia, early planning and strategy are more important than ever.

You can book an appointment with one of our migration agents or immigration lawyers.

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Australian Immigration News – Latest updates

Major visa cuts, backlogs, and new opportunities revealed at the MIA National Migration Conference

Big changes have just been announced in Australian immigration — including potentially visa quota reductions and major updates straight from the Migration Institute of Australia’s National Migration Conference in Melbourne.

Are your migration plans about to change? Let’s take a closer look at what’s happening.

Migration Quotas and State Nomination – Up to a 30% Cut

The Federal Government has confirmed a total of 185,000 permanent migration places for the 2025–2026 financial year — the same overall number as last year.

However, there’s growing concern that state and territory allocations will be significantly smaller, as the Department of Home Affairs (DHA) continues to face backlogs from unprocessed visa applications.

For example, Western Australia’s Premier Roger Cook is fighting to prevent a reduction from 5,000 to 3,400 skilled migration places. He has formally written to the Federal Government, urging them to reconsider the cuts.

If WA faces a 30% reduction, similar cuts may occur across other states — except for Queensland, which is expected to see an increase after receiving a very small allocation of only 1,200 places last year.

At this stage, only small interim allocations have been released, allowing states to issue a limited number of invitations for Subclass 190 and Subclass 491 visas.

Many states have already published their eligibility criteria for this financial year, and some are already open for Expressions of Interest (EOIs).

A detailed update on each state’s 190 and 491 requirements will be published separately soon.

Deportations and Visa Cancellations

According to several news articles, Home Affairs Minister Tony Burke confirmed that the first transfer to Nauru under a new agreement has taken place, triggering an upfront payment of AUD 408 million. The deal — expected to cost around AUD 2.5 billion — has faced criticism from human rights groups.

Additionally, the government has made headlines by denying entry to certain individuals, including Dutch athlete Steven van de Velde, a convicted child sex offender, under section 501 visa cancellation powers.

Key Takeaways from the MIA National Migration Conference 2025

In early October, the Migration Institute of Australia’s National Migration Conference was held in Melbourne. Chris Johnston from Work Visa Lawyers attended the event alongside our lawyer Shamsiya Mohammadi, gathering valuable insights about the government’s direction in migration policy.

Visa Processing and Backlogs

According to Damien Kilner from the Department of Home Affairs, the backlog of pending visa applications remains a serious challenge.

As of October 2025, there are:

• 58,000 pending Subclass 186 Employer-Sponsored Visa applications, compared to an annual target of 44,000 places.

• 98,000 pending Partner Visa applications, with an annual target of 40,500.

This means that the partner visa backlog is growing by approximately 25,000 applications per year, and without major reform, waiting times could extend to five years or more.

DAMA Update – More Regional Flexibility Ahead

The Department of Home Affairs confirmed that it favours full-state DAMA agreements rather than fragmented regional ones.

This suggests that:

• Tasmania may soon receive its own state-wide DAMA.

• Queensland, New South Wales, and Victoria could move toward full-state DAMAs, replacing the current patchwork approach with more consistent coverage.

This would provide greater flexibility for employers in regional areas to sponsor overseas workers under the Designated Area Migration Agreement (DAMA) program.

Political Debate: Labour vs. Liberal on Migration Policy

The conference also featured a lively political debate between Labour and Liberal representatives.

Julian Hill MP, Assistant Minister for Citizenship and Multicultural Affairs, spoke about rebuilding a coherent migration system after years of inconsistent policies and underinvestment.

Hill confirmed that net overseas migration has fallen by more than 40%, returning to pre-COVID levels, and emphasised the economic importance of international students, who support over 250,000 Australian jobs.

He stated:

“Australia is not facing mass migration — our borders remain tightly controlled.”

Hill also criticised the opposition, saying the Liberals were:

“Both terrified of yet cuddling up to One Nation, calling for ‘massive cuts’ to migration, but never saying how or where that should occur.”

In response, Liberal Senator Paul Scarr, Shadow Minister for Immigration, took a more measured stance.

He argued that:

“Our immigration policy must be in our national interest. But, more than that, the debate in relation to immigration policy must be conducted in a way which is also in our national interest — it must not seek to inflame emotion.”

Scarr called for:

• Greater transparency in the migration program.

• A return to multi-year migration planning (which has not been reintroduced).

• Faster processing times for the new Skills in Demand (SID) 482 visa, which are currently exceeding expectations.

While both sides of politics offered valid points, the ongoing lack of certainty and predictability continues to affect Australian businesses and regional employers struggling with skill shortages — as well as visa applicants themselves seeking confidence in the system.

Where Are the Opportunities for Applicants?

Despite the cuts and backlogs, there are still strong opportunities in key sectors.

Under Ministerial Direction 105, healthcare professionals and teachers are being prioritised for skilled visa processing. 

The federal and state governments are also prioritising construction workers and tradespeople due to the housing crisis. 

For those outside these priority sectors, employer sponsorship or partner visas may be the most practical migration pathways.

Check out our blog “How to find a sponsor”. 

Rising Interest from U.S. Citizens

There has been a noticeable increase in protection visa applications from U.S. citizens between August 2024 and July 2025, according to Department of Home Affairs data.

Work Visa Lawyers has also assisted many U.S. citizens applying for partner visas, reflecting a growing interest in migration pathways to Australia from the United States.

National Innovation Visa Granted – Critical Technology 

The new National Innovation Visa (NIV) continues to show promising results.

In October, Work Visa Lawyers successfully obtained a National Innovation Visa grant for a client working in critical technologies (cyber security).

The processing time was impressively fast, the visa was lodged in August and granted in October, taking just two months.

If you are a global talent or entrepreneur working in high-tech or innovation sectors, you may be eligible for this visa.

You can check your eligibility with our Free NIV Assessment on the Work Visa Lawyers website.

What to Expect Next? 

Australia’s migration landscape is shifting rapidly, with significant cuts to state allocations, extended processing delays, and increasing political debate about migration levels.

While there is uncertainty, opportunities remain strong in healthcare, education, construction, and technology sectors.

At Work Visa Lawyers, we continue to monitor all official updates from the Department of Home Affairs and state and territory governments.

Follow us on Instagram, TikTok, Facebook or YouTube for short updates. 

Applying for an Australian Visa

If you want to discuss your specific situation or visa options, please book an appointment with one of our lawyers.

Our experienced team of immigration lawyers and registered migration agents can guide you through your best options.

Contact Work Visa Lawyers today to book a consultation and get personalised advice for your visa pathway.

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How to Become a Registered Nurse in Australia

Australia is one of the most popular destinations for nurses around the world. With its high-quality healthcare system, strong demand for healthcare workers, and excellent career opportunities, many internationally qualified nurses and midwives (IQNMs) are choosing to build their future here.

If you're exploring how to become a registered nurse in Australia, this guide offers a complete breakdown of pathways, visa options, and registration procedures.

Applications for registration and renewals can be completed online through the Ahpra portal.

The portal allows applicants to create or log in to an account to start an application, update contact details, request a certificate of good standing or certificate of registration, and manage updates such as changing the principal place of practice or reporting a notifiable event.

Registration and Immigration – Two Separate Processes

If you want to work as a nurse or midwife in Australia, you need to go through two different applications:

Registration with the Nursing and Midwifery Board of Australia (NMBA) via Ahpra – to legally practice as a nurse or midwife.

• This checks qualifications, English skills, and whether the applicant meets professional standards.
• Without NMBA registration, you cannot legally work as a nurse/midwife in Australia, even if you have a visa.

Visa with the Department of Home Affairs – to live and work in Australia.

• This allows you to enter, live, and work in Australia.
• Without a visa, you cannot stay or be employed in the country — even if you have NMBA registration.

NMBA’s Registration Standards

Before you can work, you must meet the NMBA’s registration standards. These include:

• Criminal history check → Authorities review your past records to ensure suitability for healthcare roles.
• English language skills → Proof of English proficiency is required via one of the following:
  • IELTS (Academic): Overall 7.0, with 7.0 in each band.
  • OET (Nursing): B in each band.
  • PTE Academic: Overall 65, with 65 in each band.
  • TOEFL iBT: Total 94 (L:24, R:24, W:27, S:23).
    Results may be from one sitting or two within six months (minimum criteria apply).
• Recency of practice → You must show recent clinical experience.
• Professional indemnity insurance (PII) → You need to be covered for professional practice incidents.

Qualification Criteria

Qualifications are assessed for equivalence to Australian standards. The NMBA checks:

1. Recognition for registration – Must be officially recognised in your home country.
2. Accreditation – Programs must be accredited and include clinical placements.
3. Academic level – Equivalent to:
   • Level 7 Bachelor’s Degree for registered nurses/midwives.
   • Level 5 Diploma for enrolled nurses.

Country Classifications

The Nursing and Midwifery Board of Australia (NMBA) has reviewed nursing and midwifery qualifications from different countries and grouped them into three categories. This classification helps determine the likely pathway you will follow toward Ahpra registration and is critical for internationally qualified nurses and midwives (IQNMs) pursuing careers in Australia.

Likely to Meet Standards (Fast-Track Recognition)

If you trained in one of the following countries, your qualification is usually considered equivalent to Australian standards:

• Canada
• United Kingdom
• United States of America
• Republic of Ireland
• Hong Kong (nursing only)

These candidates often follow a faster registration process with limited additional assessment.

May Meet Standards (Case-by-Case Assessment)

If you studied in one of the following countries, your qualifications may be accepted, but they’ll be assessed individually:

• Belgium (Flanders)
• Denmark
• Finland
• Germany
• Hong Kong (midwifery)
• Israel
• Malaysia
• Netherlands
• Norway (nursing)
• Pakistan
• Portugal
• Singapore
• South Africa
• Republic of Korea (South Korea)
• Spain
• Sweden

A detailed review will determine whether additional testing or bridging is needed.

Unlikely to Meet Standards (Additional Steps Required)

Qualifications from the countries below are generally not considered equivalent. Most applicants in this group will need to complete the Outcomes-Based Assessment (OBA) or undertake an approved bridging or transition program in Australia.

• Afghanistan
• Albania
• Argentina
• Austria
• Bahrain
• Bangladesh
• Barbados
• Belgium (Walloon region)
• Bhutan
• Bosnia
• Botswana
• Brazil
• Brunei
• Bulgaria
• Cambodia
• Cameroon
• Chile
• China
• Colombia
• Cyprus
• Egypt
• Estonia
• Ethiopia
• Fiji
• Former Yugoslav Republic of Macedonia
• France
• Georgia
• Ghana
• Greece
• India
• Iran
• Iraq
• Italy
• Jamaica
• Japan
• Jordan
• Kenya
• Lebanon
• Lithuania
• Macedonia
• Malawi
• Malta
• Morocco
• Myanmar
• Namibia
• Nepal
• Nigeria
• Oman
• Occupied Palestinian Territory
• Papua New Guinea
• Peru
• Philippines
• Poland
• Romania
• Russia
• Rwanda
• Samoa
• Saudi Arabia
• Serbia
• Slovenia
• Solomon Islands
• Sri Lanka
• Swaziland (now Eswatini)
• Switzerland
• Sudan
• Taiwan
• Thailand
• Tonga
• Turkey
• Uganda
• Ukraine
• United Arab Emirates
• Zambia
• Zimbabwe
  

Applicants in this category typically need to complete the Outcomes-Based Assessment (OBA) pathway, which includes:

• NCLEX-RN-style multiple-choice exam
• Objective Structured Clinical Examination (OSCE) conducted in Australia

Alternatively, you may complete an Approved Program of Study in Australia, such as a bridging or transition program to meet the NMBA’s registration standards.

Step-by-Step Pathway to Becoming a Nurse in Australia

1. Review NMBA registration standards
2. Complete the Self-Check on Ahpra’s website
   This determines if you fall under Stream A, B or C.
3. Follow the pathway:
   • Stream A: Equivalent → Orientation + documentation
   • Stream B: Relevant but not equivalent → OBA (exams + portfolio)
   • Stream C: Not equivalent → Bridging or further study
4. Apply for NMBA registration via Ahpra, ensuring you meet all requirements
5. Apply for an Australian visa through the Department of Home Affairs
   • Skilled Migration, Employer-Sponsored, or Student Visa
6. Secure employment
   • Registration is required before starting work.
7. Relocate and begin work in Australia

ANMAC vs NMBA – Know the Difference

• ANMAC assesses your qualifications/work experience for visa/migration purposes.
• NMBA (via Ahpra) handles professional registration.

You must pass both if you plan to migrate and practice.

Fees for Nurses and Midwives (October 2025)

Application Fees

• General registration: AU$ 332
• Recent graduates (approved Australian programs): AU$ 97
• Non-practising: AU$ 39
• Fast-track application: AU$ 60

Annual Registration Renewal

• General: AU$ 193 (NSW: AU$ 189)
• Non-practising: AU$ 39

IQNM Fees

• Assessment & Orientation: AU$ 410
• NCLEX-RN Score Transfer: AU$ 250
• OSCE: AU$ 4,000
• Preliminary review: AU$ 575
• Tertiary review: AU$ 2,500

If you need assistance with your nursing visa, employer sponsorship, or other work-related visa options, get in touch with our team of experienced immigration lawyers and registered migration agents at Work Visa Lawyers.

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How to Create an ImmiAccount: Step-by-Step Guide

Step 1: Visit the Official ImmiAccount Website

Go to the Australian Department of Home Affairs website.

Important: Always ensure you're on the official government website to avoid scams. The URL should start with: https://immi.homeaffairs.gov.au

Creating an ImmiAccount is essential for applying for Australian visas, citizenship, or accessing immigration services online.

Step 2: Click on “Create ImmiAccount”

On the login page, you’ll see the “Create ImmiAccount” button. Click on it to begin your registration.
Visit: https://online.immi.gov.au/lusc/login

Enter your valid email address to receive a verification code.

Once you receive the code, enter it and click “NEXT” to proceed.

Step 3: Select Your Account Type and Enter New User Details

You will be prompted to choose between:

• Individual – for personal visa applications
• Organisation – for companies or registered migration agents
  
  

Enter the following New User Details:

• First and last name
• Contact number

Tip: Ensure these match your identity documents for a smoother visa application process.

Step 4: Account Details

Login Details:

Create a Username and Password
Choose a secure username and password. Typical password requirements include:

• At least 14 characters
• A mix of uppercase and lowercase letters
• Numbers and special characters

Set Security Questions

Select and answer security questions. These will be used if you ever need to recover your account.

Review and Accept Terms

Read the terms and conditions carefully.
Tick the checkbox to accept them and continue.

Step 5: Multi-Factor Authentication (MFA)

Before your account is fully created, you must set up Multi-Factor Authentication (MFA). This adds an extra layer of security to prevent unauthorized access and cyberattacks.

Tip: Ensure your email and mobile number are accessible during this step.

Steps to Enable MFA:

• Download the Microsoft Authenticator App
  Available on Google Play (Android) or App Store (iOS)
• Scan the Generated QR Code
  Open the app and scan the QR code shown on the ImmiAccount setup screen
• Enter the 6-Digit Authentication Code
  The app will display a 6-digit code. Enter it into the ImmiAccount page to verify.
  
  

This ensures your account remains secure and accessible only by you. Keep your mobile device safe and handy for future logins.

Step 6: Log in – ImmiAccount Has Been Created Successfully

You’ve now successfully created your ImmiAccount.
Go to https://online.immi.gov.au/lusc/login to log in using your new credentials.

You can now:

• Apply for or manage visa applications
• Upload documents
• Receive status updates and official correspondence

ImmiAccount is your personal dashboard for all interactions with the Australian Department of Home Affairs.

How Can Work Visa Lawyers Assist You?

If you're seeking help from a Registered Migration Agent or Immigration Lawyer to guide your visa application, Work Visa Lawyers is here to help.

Since 2011, we’ve assisted thousands of applicants — individuals, families, and businesses — in securing Australian visas.

Our experienced legal team offers:

• Honest advice
• Strategic preparation
• Ongoing support tailored to your situation

Contact us today to take the next step toward your Australian visa.

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