From 1 July 2024, significant changes will come into effect for visa conditions 8107, 8607, and 8608 as part of the Australian Government's Migration Strategy. These changes aim to address worker exploitation and enhance productivity by improving the labour market mobility of temporary migrants holding specific work visas. This article provides detailed information on the changes, who they affect, and what visa holders and sponsors need to know.
Overview of Affected Visas
The changes will impact holders of the following visas:
- Temporary Work (Skilled) visa (subclass 457)
- Temporary Skill Shortage visa (subclass 482)
- Skilled Employer Sponsored Regional (provisional) visa (subclass 494)
These adjustments are designed to give visa holders more flexibility and support as they navigate the Australian labour market.
Key Changes to Visa Conditions
Extended Time to Find New Employment
Previously, visa holders had limited time to secure a new sponsor if they ceased working with their current employer. Starting from 1 July 2024, the time allowed will be extended significantly:
- 180 days at a time
- A maximum of 365 days in total across the entire visa grant period
During this period, visa holders can work for other employers, including in occupations not listed in their most recently approved sponsorship nomination. This flexibility ensures that visa holders can support themselves while searching for new sponsorships.
Conditions for Working with Other Employers
Unless exempt, visa holders cannot work for another employer unless they have ceased working with their sponsoring employer. While working for their existing sponsor, they must remain in their nominated occupation.
Sponsors are required to notify the Department of Home Affairs within 28 days if there are any changes in the visa holder's employment status, such as cessation of sponsorship or if the visa holder resigns.
Compliance with Licences and Registrations
Visa holders must comply with any licences or registrations required for their nominated occupation. This includes adhering to any conditions or requirements associated with these licences or registrations. Non-compliance could result in breaches of visa conditions.
Applicability of Changes
The changes apply to both existing visa holders and those granted a visa on or after 1 July 2024. Importantly, any periods a visa holder stopped working for their sponsor before 1 July 2024 will not count towards the new time periods.
Implications for Visa Holders and Sponsors
For Visa Holders
The extended time frames provide greater job security and flexibility, allowing visa holders to explore new opportunities without the immediate pressure of finding a new sponsor. This change aims to reduce the exploitation of temporary workers by giving them more control over their employment situation.
For Sponsors
Sponsors must remain diligent in reporting any changes to the visa holder's employment status within the required 28-day period. Failure to do so can result in penalties or affect their ability to sponsor future employees. Sponsors should also ensure that visa holders comply with any occupational licence or registration requirements.
Additional Information
For more detailed information, visa holders and sponsors can visit the Sponsorship Obligations for Standard business sponsors page on the Department of Home Affairs website.
Are you considering the Subclass 482, 457, or 494 visa for your journey to Australia? Or are you an employer looking to hire an international employee who is currently in Australia or looking to sponsor someone from abroad? At Migration Expert, we provide comprehensive guidance and professional assistance in navigating the complexities of the TSS visa process. Contact us today for a personalized consultation and embark on your Australian dream with confidence.
Conclusion
The changes to visa conditions 8107, 8607, and 8608 are a significant step towards improving the rights and flexibility of temporary migrant workers in Australia. By extending the time allowed for visa holders to find new sponsorships and ensuring compliance with occupational requirements, these changes aim to create a more equitable and productive labour market. Visa holders and sponsors should familiarise themselves with these changes and stay informed to ensure compliance and take full advantage of the new provisions.
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.
Remember:
This post is for general informational purposes only and is not a substitute for professional immigration advice. Given the uniqueness of every case, engaging with a registered migration agent is highly recommended for bespoke guidance and to navigate the specific details of your situation effectively. Book a visa consultation with a Registered Migration Agent
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