Australia: Government changes certain visa conditions
The Department of Home Affairs (DHA) has announced that, from 1 July 2024, visa conditions 8107, 8607 and 8608 are changing in response to the government’s Migration Strategy.
These changes address worker exploitation and productivity and support the labour market mobility of temporary migrants who have the following visas:
- Temporary Work (Skilled) visa (subclass 457)
- Temporary Skill Shortage visa (subclass 482)
- Skilled Employer Sponsored Regional (provisional) visa (subclass 494).
Holders of these visas who stop working with their sponsoring employer will have more time to find a new sponsor, apply for a different visa or arrange to depart Australia. These visa holders will have up to:
- 180 days at a time, or
- a maximum of 365 days in total across the entire visa grant period.
During this time, visa holders can work for other employers. This includes work in occupations not listed in their most recently approved sponsorship nomination. This will ensure that visa holders can support themselves while they look for a new sponsor.
Unless exempt, a visa holder cannot work for another employer unless they have ceased work with their sponsoring employer. Visa holders must remain in their nominated occupation while working for their existing sponsor.
Sponsors must still let the department know if there is any change in situation within 28 days. This includes ceasing sponsorship or if a visa holder resigns.
Visa holders must not carry out any work that is inconsistent with any licence or registration needed for their nominated occupation. This includes any conditions or requirements they are subject to.
The changes apply to existing visa holders, as well as those granted a visa on or after 1 July 2024. Any periods a visa holder stopped working for their sponsor before 1 July 2024 will not count towards the new time periods outlined above.
Australia immigration support
If you have any questions about these changes or if you require support with applying for a visa to live and work in Australia, please contact the Smith Stone Walters global immigration team.
