Can I Get Promoted While Holding a Temporary Skills Shortage (TSS (subclass 482)) Visa?
A promotion is usually something to celebrate, however, it may be wise to speak to your immigration lawyer before you sign any contracts as it may affect your ability to stay on your Temporary Skills Shortage (Subclass 482) (‘TSS’) visa or even progress to Australian permanent residence via the Temporary Residence Transition Stream.
How does a promotion lead to visa cancellation?
Every TSS visa comes with condition 8607 which, amongst other restrictions, prevents the visa holder from working in any role other than the occupation for which they were nominated. Any time the visa holder wants to perform work that is different from what they were nominated for, an assessment needs to be made as to whether the new role is substantially different to the one nominated. In instances where a majority of the tasks and duties remain the same, and it is only the level of seniority that increases (i.e. vertical promotion) then simply a notification to the Sponsor Monitoring Unit of the Department of Home Affairs will suffice. If however, the change in duties are such that there is alignment with a new ANZSCO classification, then their employer will need to apply for a new nomination and the visa holder will need to apply for a new visa. Furthermore, the visa holder will not be able to commence work in the new role until the new nomination has been approved, otherwise, the visa holder will be working in breach of their visa conditions.
This means that for individuals working towards Australian permanent residence through their employer, as soon as they change nominated occupations, their 2-year period will start again before they can apply under the Temporary Residence Transition Stream of the Subclass 186 visa.
Therefore, if you are offered a promotion, it is important to ask for a copy of your new job description to check that you are still performing the majority of the same tasks, just at a more senior level. For example, a promotion from an accountant to a senior accountant would be permitted. However, a promotion from a Marketing Specialist to a Chief Managing Director would likely not be sufficiently related.
Making sure that your promotion still aligns with your nominated occupation is important as breaches of condition 8607 can lead to visa cancellation.
How can Agape Henry Crux Help?
Agape Henry Crux can help you. Our Accredited Specialists in Immigration Law 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 emailing 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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