Subclass 482 Visa: What to Do If You are Terminated?

If you are a Temporary Skill Shortage (TSS) Subclass 482 visa holder and your employer has terminated or plans to terminate you, stay calm. Here are steps to understand your rights and obligations and how to maintain your visa status.
 

For Temporary Skill Shortage (SC 482) Visa Holders

Understanding Condition 8607 on TSS (Subclass 482) Visa

Condition 8607 is attached to the grant of a Subclass 482 TSS visa. This visa condition states that you must not cease employment for more than 60 consecutive days. If you stop working for your sponsoring employer, you have 60 days to take one of the following actions: 

  • Find a New Employer: 

    • Seek another employer willing to nominate you for a new position. 

    • You cannot start working for the new employer until their nomination is approved.

  • Apply for Another Visa: Speak with one of our immigration lawyers to explore other visa options that may suit your situation. 

  • Make Arrangements to Leave Australia. If you are unable to find an alternative visa pathway, such as cannot secure new employment or a visa. 

What are the Consequences of Not Finding A New Employer After 60 Days for a TSS Visa? 

Failing to take any actions within the 60-day period will result in a breach of Condition 8607. Consequently, the Department of Home Affairs may cancel your visa, which can lead to further complications for your immigration status and future visa applications. 

For Sponsoring Employers For Subclass 482 Visa

Notification Requirements for Temporary Skill Shortage (SC 482) Visa

If you plan to or have terminated a worker whom you sponsored on a Subclass 482 visa, you must notify the Department of Home Affairs within 28 calendar days. Your notification must include the date the visa holder’s employment ended or is expected to end. 

What are the Consequences of Breaching Obligations? 

Failure to notify the Department may result in serious consequences for the employer, including: 

  • Enforceable undertakings.

  • Civil and administrative penalties. 

Is the Sponsor Eligible for a Refund? 

Generally, if a nomination has been approved, the fee is non-refundable. However, employers may be eligible for a refund for unused years of the Skilling Australians Fund (SAF) Levy.

How Can Agape Henry Crux Help

If you find yourself in a similar situation and have concerns or require assistance with your TSS (Subclass 482) visa, 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.  

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