Illness and Inability to Work on a 482 Visa: What Should You Do Next?
The Skills in Demand (SID) Visa (Subclass 482) allows employers to live and work in Australia temporarily. However, unforeseen circumstances such as illness can impact your ability to work, leading visa holders to question their rights and options if they find themselves unable to perform their job due to health issues.
Understanding Your Visa Conditions & Work Rights
As a Subclass 482 visa holder, you are entitled to work rights and protections through the Migration Amendment (Strengthening Employer Compliance) Act 2024, which also means that you have the same protections as other employees in Australia.
What Should I Do If I Am Now Diagnosed with an Illness?
If you become ill and unable to work, you must inform your employer as soon as possible. Open the conversation as early as possible on the nature of your sickness and any further arrangements required.
How Does My Work Absence Impact My Visa?
If your illness leads to a prolonged absence from work, ensure that your employer will continue to support your ongoing employment. The SID visa is tied to your employment with the sponsoring employer, so if your absence jeopardises your work relationship, it can impact your visa status.
If your health condition prevents you from returning to work and your employer decides to terminate your employment, you must understand that this could lead to a visa cancellation.
What if I Cannot Return to Work?
It is best to evaluate your options if you find yourself unable to return to work due to your health. This may involve discussing work arrangements with your employer or considering time off. If you face challenges related to your employment or visa due to your illness, speak with an immigration lawyer. They can provide guidance tailored to your specific circumstances, including pursuing alternative visa options if required.
How Can Agape Henry Crux Help
Consult with one of our experienced immigration lawyers at Agape Henry Crux to explore the right option for you. Our team works with our Accredited Specialists Immigration Lawyers (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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