New Changes to Work Conditions for Employer Sponsored Visa Holders

Attention Subclass 457/482 and 494 visa applicants and current visa holders – Upcoming Changes to Visa Conditions 8107, 8607, and 8608

All Subclass 457/482 and 494 visa holders are subject to key employment related visa conditions, namely Visa Condition 8107, 8607 and 8608. 

In response to the Government’s Migration Strategy, and its commitment to reduce exploitation of foreigner workers and enhance the productivity of the labour force, effective 1 July 2024, there will be significant changes to these visa conditions. 

Summary of Current Visa Conditions

• Visa condition 8107 – Work limitation
  • You are limited to working only for your sponsoring employer
  • Working for another employer, for yourself, or in a different occupation/position is generally prohibited

• Visa condition 8607 – Must Only Work in Nominated Occupation
  • Applicable to 482 visa holders
  • You are only permitted to work in the approved nominated occupation
  • You must commence employment within 90 days of visa grant, or from the date of arriving in Australia if you were offshore at the time of grant
  • You must not stop working for more than 60 consecutive days

• Visa condition 8608 – Must Only Work in Nominated Occupation
  • Applicable to 494 visa holders
  • You are only permitted to change occupations if you apply for, and are granted a new 494 visa
  • You must commence employment within 90 days of visa grant, or from the date of arriving in Australia if you were offshore at the time of grant
  • You must not stop working for more than 90 consecutive days

Changes effective 1 July 2024

1. Extended Time for Job Transitions

When a visa holder stops employment with their sponsoring employer, they will now have either,

• Up to 180 days at a time; or
• A maximum period of 365 across the entire visa grant period

to find a new sponsor, to apply for a different visa, or to depart Australia

2. Working for Other Employers During Job Transition Period

During this transition period, that is from the time employment ceases with the sponsoring employer and securing a new sponsor, visa holders are permitted to work for other employers, including in occupations not listed as their approved nominated occupation.   This will ensure that foreign workers are still able to support themselves in Australia.

It is important to note, however, that visa holder cannot work for another employer unless they have ceased employment with their sponsoring employer.  

Reminder to Sponsors of their Sponsorship Obligation

Sponsors are still obligated to inform the Department of changes in employment circumstances for any of their sponsored employees within 28 days, including ceasing sponsorship or if a visa holder resigns.

All changes noted above will affect current visa holders and those granted visas on or after 1 July 2024. Any periods in which a visa holder has ceased working for their sponsor before 1 July 2024 will not count towards the new time periods. 

HOW CAN WE ASSIST?

At Agile Legal, we are a team of specialised immigration lawyers who have successfully assisted many organisations in sponsoring overseas workers including post-sponsorship matters relating to non-compliance of sponsorship obligations.

As the migration process is complicated, please do not hesitate to contact us at info@agilelegal.com.au for your immigration enquiries.

We are here to help.

Who are we?

Agile Legal Consulting is a boutique law firm in the heart of Melbourne CBD.  We support and assist our clients in all areas of law, with a specialisation in immigration law, commercial law, and property law. 

Led by our Accredited Immigration Law Specialist - Jensen Ma (LPN 5511737), together with a dedicated immigration law team with over 60 years of collective experience, we are passionate about providing our clients with comprehensive, client-focused solutions. 

Our multi-lingual lawyers offer assistance on a broad spectrum of immigration matters.  Come speak to us in English, Mandarin, Cantonese, Korean or Bahasa Melayu - we are always available to answer your questions.