How to Change Employer Sponsorship on TSS Subclass 482 Visa?
Can I change to a Different Employer while on a TSS Subclass 482 Visa?
Yes, an employee currently sponsored on a Temporary Skill Shortage (Subclass 482) visa can change their sponsorship, but there are specific conditions and processes to consider. This guide outlines how employees can change their sponsor while on a Subclass 482 visa and explores alternative options.
How long do I have to Transition to a New Employer?
If you plan to cease employment with your current sponsor or have already done so, you only have up to 180 days to find a solution to your circumstances. Your options include:
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 work 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 the new sponsor nominates.
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: Apply for another Visa
Assess Your Eligibility
Each individual has their own unique circumstances. Ensure to review your work experience, qualifications, and personal circumstances to identify other visa options that might suit you.
What Visa Options Do I Have?
Below is a list of common visa options for individuals. It is always best to speak to one of our immigration lawyers, who will give you professional guidance for your next visa pathway if you are unsure or in doubt.
Temporary Visa Options (but not limited to):
Student (Subclass 500) Visa: This visa allows you to upskill, enhancing your employment prospects. You can enrol 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 (but not limited to):
General Skilled Migration Pathway: This pathway is popular but highly competitive due to limited yearly allocations. 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 (PR), you can apply for an Onshore Partner Visa (Subclass 820/801) Visa.
Option 3: Leave Australia
If you wish to return to your home country or relocate to another country, you must depart the country within the 180-day timeframe granted by the Department. If you fail to leave, it may result in a more complex situation for you to enter back into Australia, such as being considered an illegal migrant, banned from entering Australia and more.
How Can Agape Henry Crux Help
Changing employer sponsorship on a TSS (SC 482) visa is possible. 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.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.