July 2024 changes to TSS (Subclass 482) and other visa conditions

From 1 July 2024, significant changes are being made to visa conditions 8107, 8607, and 8608 which impact holders of the following visas:

• Temporary Skill Shortage (subclass 482) visa
• Temporary Work (Skilled) (subclass 457) visa
• Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa

These changes form part of the Australian Government’s Migration Strategy and are aimed at addressing worker exploitation issues and driving productivity by improving the labour market mobility of temporary migrants.

What are the changes?

Do I have to notify the Department of Home Affairs?

Sponsors are required to notify the Department of Home Affairs within 28 days of any changes to a sponsored visa holder’s employment circumstances. This includes if:

• they cease sponsoring the visa holder; or
• the visa holder resigns from their role.

What were the old visa conditions?

Condition	Impacted visa	Previous condition (before 1 July)	New condition (after 1 July)
8107	Temporary Work (Skilled) (subclass 457) visa	Visa holders could not (among other things): Cease employment for more than 60 consecutive days Work in an occupation other than the occupation identified on their nomination application Work for any business other than their sponsoring employer (unless exempt)	Visa holders can: cease employment with their sponsor for 180 days at a time, or up to 365 days across the visa period; change employers without permission; work in any occupation after stopping work with their sponsoring employer
8607	Temporary Skill Shortage (subclass 482) visa	Visa holders could not (among other things): Cease employment for more than 60 consecutive days Work in an occupation other than the occupation identified on their nomination application Work for any business other than their sponsoring employer (unless exempt)	Visa holders can: cease employment with their sponsor for 180 days at a time, or up to 365 days across the visa period; work in any occupation with any employer after stopping work with their sponsoring employer
8608	Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa	Visa holders could not (among other things): Cease employment for more than 90 consecutive days Work in an occupation other than the occupation identified on their nomination application Work for any business other than their sponsoring employer	Visa holders can: cease employment with their sponsor for 180 days at a time, or up to 365 days across the visa period; work in any occupation with any employer after stopping work with their sponsoring employer

Any questions?

These changes are positive common-sense initiatives aimed at reducing instances of worker exploitation for those on temporary employer-sponsored visas. Where such visa holders previously only had 60 days to either find a new employer willing to sponsor them, depart the country, or apply for another visa to avoid being in breach of their visa conditions – these amendments provide a fairer system to reduce the anxiety of such visa holders by allowing them additional time to secure new employment, while also allowing them to work to financially support themselves during this period.

Please feel free to contact us by email at [email protected] or phone +61 3 9016 0484 if you have any questions about the upcoming changes to visa conditions, or if you require assistance with your visa application.

This document does not constitute legal advice or create an attorney-client relationship. Please consult an immigration professional for up to date information.