Can Visa 186 (PR) Be Cancelled? Conditions & Risks
The subclass 186 is a permanent residence (PR) visa — it does not expire like a temporary visa. But this does not mean it can never be cancelled. Understanding these risks clearly helps you protect your PR status over the long term.
Reasons the Department May Cancel a Subclass 186
1. Serious Criminal Offending
This is the most common reason for PR being cancelled. Under the Migration Act, the Department may cancel a visa if the PR holder:
- Is convicted with a sentence of imprisonment of 12 months or more (even if a pardon was granted)
- Is convicted of an offence relating to children, violence, drugs, or corruption
- Is found to be a “character failure” under section 501 of the Migration Act
Section 501 is a very powerful tool — the Department has used it to cancel thousands of PR visas in recent years.
2. Fraud in the Visa Application
If information in the subclass 186 application is found to be fraudulent (fake qualifications, false experience, a sham relationship), the Department has the power to cancel the visa — even many years after it was granted.
There is no time limit on detecting fraud.
3. Breach of a Specific Visa Condition
Some subclass 186 visas carry special conditions (for example, a requirement to continue working for the sponsoring employer for a set period). Breaching a condition can lead to review and cancellation of the visa.
In practice, however, this condition is rarely strictly enforced after two years.
4. No Longer Meeting Health Requirements
If, after the visa is granted, it is discovered that the PR holder has an undeclared medical condition that poses a public risk, this can lead to review. This is very rare.
Cancellation on Character Grounds — More Common Than You Think
Section 501 of the Migration Act allows the Department to cancel the visa of any non-citizen (including long-term PRs) who does not pass the “character test”. The use of section 501 has increased sharply since 2014.
An important point: even minor offences repeated several times can lead to a character review.
When a Visa Is Considered for Cancellation: The Process
The Department must give notice in advance and an opportunity to respond before cancelling. You can:
- Lodge a submission to explain your circumstances
- Appeal to the Administrative Appeals Tribunal (AAT) if you disagree with the decision
An experienced immigration lawyer is needed in this situation.
Real Risk vs Theoretical Risk
For a person who complies with the law, has no criminal record, and did not commit fraud in their application: the risk of a subclass 186 being cancelled is very low. PR is a durable status and is well protected by Australian law.
The main focus: avoid breaking the criminal law, and ensure the original visa application was entirely honest.