TSS Subclass 482: Changing Employer Sponsorship
Can I change to a Different Employer while on a TSS Subclass 482 Visa?
Yes, an employee currently sponsored on a Subclass 482 visa can change their sponsorship, but there are specific conditions and processes to consider. This guide outlines how an employee can change their sponsor while on a Subclass 482 visa and explores alternative options.
What is the Timeframe for Change?
If you are planning to cease your employment with your current sponsor or have already done so, you have up to 180 days to find a solution to your circumstances. Your options include:
Get a new employer to sponsor you.
Being granted a different visa.
Leaving Australia.
Option 1: Find a New Employer to Sponsor
If you have a new employer willing to sponsor you, they must lodge a new nomination application on your behalf. This nomination must be approved by the Department of Home Affairs before you can start working for the new employer.
Key Considerations:
Associated Entities: If you are working for an associated entity of your current sponsor, changing employers will not breach your visa conditions.
Condition 8607 Compliance: The condition "8607 - Must only work in nominated occupation" is crucial. You must only work in the occupation for which your visa was granted. Thus, you must work in the occupation that the new sponsor is nominating.
Visa Application: Your current Subclass 482 visa must be linked to the new sponsor’s nomination. If your current visa is close to expiring, you may need to apply for a bridging visa while the new nomination is processed.
Priority Processing: Inform the Department of Home Affairs and request priority processing for the new nomination to avoid breaching visa conditions.
Option 2: Change to another Visa Type
Assess Your Eligibility
Review your work experience, qualifications, and personal circumstances to identify other visa options that might suit you.
What are the Common Visa Options?
Temporary Visa Options:
Student Visa: This visa allows you to upskill, enhancing your employment prospects. You can enroll in a course that could lead to permanent residency through the skilled migration program. The duration can be up to 5 years, depending on course requirements.
Permanent Visa Options:
Skilled Migration Pathway: This pathway is popular but highly competitive due to limited allocations each year. Processing can take considerable time, but it allows you to rely on your skills rather than sponsorship. Explore visas such as:
Partner Visa Pathway: If your spouse or partner is an Australian citizen or permanent resident, you can apply for a partner visa:
Option 3: Leave Australia
If you are unable to find a solution to remain in Australia, you must depart the country within the 180-day timeframe granted by the Department. Failing to leave may result in being considered an illegal migrant, leading to severe penalties and repercussions.
Conclusion
Changing employer sponsorship on a Subclass 482 visa is feasible, provided you follow the necessary procedures and comply with visa conditions. Consider all available options, including finding a new sponsor, applying for a different visa, or leaving Australia, to ensure you remain compliant with immigration regulations.
How Can Agape Henry Crux Help
For any professional legal advice on the 482 visa and its eligibility requirements, contact us at Agape Henry Crux. Our Accredited Specialist(s) in Immigration Law and our team of immigration lawyers are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
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