Home News Work Visas News Changes to Work Visas 482, 457, and 494 Effective July 2024. What Sponsors Need to Know

Changes to Work Visas 482, 457, and 494 Effective July 2024. What Sponsors Need to Know

Updated: June 21, 2024

Introduction

From 1 July 2024, the Australian Government will implement significant changes to visa conditions 8107, 8607, and 8608. These updates are part of a broader strategy to tackle worker exploitation and boost productivity. As a sponsor, it is crucial to understand these changes and how they will impact your obligations and responsibilities. This article provides a comprehensive guide to the new conditions and what sponsors need to know.

Understanding the Changes

Enhanced Labour Market Mobility for Visa Holders

The changes are designed to provide greater flexibility for temporary migrant workers, allowing them more time to transition between employers. This shift aims to reduce worker exploitation and ensure that visa holders can support themselves while seeking new employment opportunities.

Key Changes for Sponsors:

Extended Time for Visa Holders to Find New Employment: Visa holders who cease employment with their sponsoring employer will now have up to 180 days at a time, or a maximum of 365 days in total across the entire visa grant period, to find a new sponsor, apply for a different visa, or arrange their departure from Australia.
Employment Flexibility for Visa Holders: During this period, visa holders are allowed to work for other employers, including in occupations not listed in their most recently approved sponsorship nomination, provided they are not working in an occupation that requires specific licences or registrations they do not possess.

Employment Conditions for Visa Holders

While these changes provide visa holders with more flexibility, there are specific conditions they must adhere to during their employment transition.

Employment Conditions:

Ceasing Work with Current Sponsor: Visa holders must cease work with their sponsoring employer before starting employment with another employer unless exempt.
Nominated Occupation Compliance: Visa holders must remain in their nominated occupation while employed by their existing sponsor.
Licensing and Registration Requirements: Visa holders must not engage in work requiring specific licences or registrations unless they possess those credentials. This includes adhering to any conditions or requirements associated with their occupation.

Sponsor Obligations Under New Changes

Reporting Obligations

Sponsors must notify the Department of Home Affairs of any changes in the employment situation of visa holders within 28 days. This includes if a visa holder resigns, if there are changes in the sponsorship status, or if the sponsorship is terminated.

Key Points for Sponsors:

Notification Timeline: Ensure that any changes in the employment status of a visa holder are reported within 28 days.
Detailed Reporting: The notification should include details of the changes, such as the visa holder's resignation, changes in their role, or cessation of sponsorship.

Monitoring Visa Holder Compliance

Sponsors must ensure that visa holders are complying with the conditions of their visa, particularly in terms of employment and licensing requirements.

Compliance Responsibilities:

Nominated Occupation: Verify that the visa holder continues to work in their nominated occupation while employed by your organisation.
Licences and Registrations: Ensure that visa holders possess and maintain any required licences or registrations for their occupation.

Impact on Sponsorship and Employment Practices

The changes necessitate a review of sponsorship and employment practices to ensure compliance and support for visa holders during their transition periods.

Practical Steps for Sponsors:

Review Sponsorship Policies: Update your internal policies to align with the new reporting requirements and extended transition periods for visa holders.
Support Transitioning Employees: Provide support and resources to visa holders who are transitioning between employers, ensuring they understand their rights and obligations.
Engage with Legal and HR Experts: Consult with legal and HR professionals to ensure your organisation remains compliant with the new visa conditions and reporting requirements.

Applicability of Changes

The changes to visa conditions 8107, 8607, and 8608 apply to both existing visa holders and those granted a visa on or after 1 July 2024. It is important to note that any periods a visa holder stopped working for their sponsor before 1 July 2024 will not count towards the new periods outlined in these changes.

Conclusion

The upcoming changes to visa conditions 8107, 8607, and 8608 represent a significant shift in Australia's temporary migration landscape. As a sponsor, it is essential to understand these changes, fulfil your reporting obligations, and support your visa holders through these transitions. By staying informed and proactive, you can ensure compliance and contribute to a fair and productive labour market.

Considering a move to Australia or need assistance with your visa application? Do you want to sponsor an employee or have questions about the 482 visa or any other visa? Book your consultation with our experienced Registered Migration Agents. Let us help you navigate the complexities of the Migration Program and take your first step towards a promising future in Australia.

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If you are planning to work in Australia, or if you are considering sponsoring talent to work in your business under the Temporary Skill Shortage (TSS) 482 visa, it’s crucial to stay informed about the latest changes to ensure your application is successful. For the most up-to-date information on the 482 visa, we encourage you to visit our official 482 visa page for comprehensive details on requirements, fees, and the latest updates.

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Changes to Work Visas 482, 457, and 494 Effective July 2024. What Sponsors Need to Know

Introduction

Understanding the Changes