Can Business Owners Be Deported in Australia?

There are huge opportunities when it comes to running a business in Australia. As people from other nations come here to start a company, they bring new ideas and they also contribute to the economy. But what many do not know is that business owners can still be deported.

If you are not a citizen of the country, and you do something wrong under visa or immigration laws, you could be asked to leave Australia. If you’re in Western Australia, migration law Perth comes in handy to keep you safe.

What is Deportation?

Deportation is the process whereby the government expels a non-citizen from Australia. This is typically done for people who break immigration law, commit a violent crime, or are deemed a public safety risk. Under the Migration Act 1958, the Department of Home Affairs has the power to cancel visas and begin deportation processes.

Note that deportation is not the same as visa cancellation. Cancellation is the legal action that removes your right to remain in Australia, and deportation is the process of physically removing you from Australia.

Can Business Owners Be Deported?

Business owners are not immune to deportation. This means that, like any other visa holder, should they breach visa terms, commit serious crimes or provide the immigration department with misleading information, they can be sent home – even when the business is owned, operated and staffed in Australia.

You may be deported if you:

• Stay longer than your visa allows.
• Work in a way not allowed by your visa.
• Get arrested or go to jail.
• Don’t run your business as promised.
• Lie to the immigration office.

What Visas Do Business Owners Use?

Business owners usually come to Australia on special visas. These visas allow them to start or run a business. Some common visas include:

• Business Innovation and Investment Visa (188)
• Permanent Business Visa (888)
• Temporary Skill Shortage Visa (482)

Each visa has rules. If you don’t follow the rules, your visa can be cancelled. Let’s look at a simple case. A man opened a small restaurant in Perth. He had a business visa. He hired workers but did not pay them properly. He also gave fake bank records during a visa check.

What happened next?

• His visa was cancelled.
• He was asked to leave the country.
• His business had to shut down.

This shows that even if your business is running well, you can still be deported if you break the rules.

What Happens When Your Visa Is Cancelled?

Once a visa is cancelled, the person usually becomes unlawful and must leave Australia within a certain timeframe. If your visa is cancelled:

• You become unfit to stay in Australia.
• If you don’t leave, the government will deport you.
• You might not be allowed to return for many years.

In some cases, you can appeal against deportation and cancellation. But if your mistake is serious, you may still have to go.

What is the Character Test?

Australia checks if visa holders are of “good character.” You may fail the character test if:

• You were in jail for 12 months or more.
• You have a criminal record.
• You are part of a group involved in crime.
• The government thinks you are a risk.

If you fail the character test, your visa can be cancelled. This can lead to deportation.

What If You’ve Lived in Australia for Years?

Some people think they are safe if they’ve lived in Australia for a long time. But that is not always true. Even if you have lived here for 10 or 20 years, you can still be deported if:

• You are not a citizen.
• You break the law.
• You fail the character test.

Being in Australia for many years does not always protect you.

How Can Business Owners Stay Safe?

If you are a business owner and want to avoid deportation, follow these simple tips:

• Follow all visa rules.
• Don’t lie in any form or document.
• Pay workers fairly and on time.
• Keep all business records correct and updated.
• Stay away from criminal activity.
• Ask a lawyer if you are unsure of anything.

Should You Talk to a Lawyer?

Yes. If you run a business and are worried about your visa or legal status, it is smart to talk to a lawyer. The Best Immigration Lawyer Perth can:

• Explain your visa rules.
• Help you fix problems.
• Defend yourself if your visa is cancelled.
• Tell you what to do next.

Final Words

You can get deported in Australia even if you own a business. Regardless of the scale of your company or the length of your time abroad, if you violate visa regulations, you will be deported. Always follow the law. The best way to go about it is to speak to someone who is well-versed in migration law Perth.