Subclass 482 & 494 Visa Holders Can Continue Working While Waiting for New Nomination
The Department of Home Affairs confirmed an update for Temporary Skill Shortage (TSS) or Skills in Demand (SID) visa (Subclass 482) and Skilled Employer Sponsored Regional (SESR) (Provisional) (Subclass 494) visa holders while waiting for their new nomination to be approved with their new sponsoring employer. These visa holders do not need to cease working for their prospective employer while awaiting the outcome of their nomination application.
Who Is Affected by this Change?
Individuals with a visa grant of Temporary Skill Shortage (TSS) or Skills in Demand (SID) visa (Subclass 482) and Skilled Employer Sponsored Regional (SESR) (Provisional) (Subclass 494) who are in the process of changing their employers can transition to the new employment without the fear of losing their work rights.
What is the update for TSS/SID (Subclass 482) and SESR (Subclass 494)?
The TSS/SID (Subclass 482) visa has condition 8607, and the SESR (Subclass 494) visa has condition 8608 attached.
For Previous Visa Conditions
If Subclass 482 or Subclass 494 visa holders stop working with their sponsoring employer, applicants have up to 180 days at a time to find a new sponsor or temporarily work in a different job.
If the applicant does not find a new employer to sponsor their nominated role after 180 days, their visa may be subject to be cancelled due to breaching the visa conditions.
If the new nomination application is not approved within 180 days, the visa applicant still needs to follow the attached visa conditions 8607 and 8608.
For Updated Visa Conditions
With this new update, applicants who find a new sponsor and submit a new nomination application within 180 days can continue to work with their new employer.
This applies even if the timeframes related to Conditions 8607 and 8608 have lapsed.
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How Can Agape Henry Crux Help
If you think you are in similar circumstances as mentioned above, seek professional advice from an Immigration Lawyer at Agape Henry Crux. Our team consists of immigration lawyers and registered migration agents who work together with our Accredited Specialists Immigration Lawyer(s) who specialise in handling highly complex matters. You can 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 and Cantonese. We can also help you arrange an interpreter if this isn't your language.
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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