The Skills in Demand (SID) Subclass 482 visa, formerly Temporary Skill Shortage (TSS) visa, is valid for up to 4 years and permits the holder to work in Australia only for their sponsoring employer.
A Partner visa allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen, to be sponsored for Australian permanent residency.
SID/TSS Subclass 482 visa holders who apply for a Partner visa with their Australian spouse/partner should consider their visa validity and conditions, and the implications if they leave their sponsoring employer. This article addresses these considerations.
Visa validity / Bridging Visa
Where a substantive visa holder applies for the onshore Partner (Subclass 820/801) visa, they would automatically be granted a Bridging Visa A (BVA) permitting them to remain in Australia during processing of the Partner visa. The BVA would have no conditions, meaning unlimited work rights.
This is important as processing times for Partner visas vary significantly, typically taking around 12 months to be finalised.
However, as most applicants would hold a valid substantive visa at time of application, the BVA would remain “out of effect” for the remainder of the duration of that substantive visa, only coming into effect after that visa has expired.
This means that while a Partner visa applicant holds another substantive visa, they remain on that visa, free to travel during the duration of that visa – but also bound by the conditions of that substantive visa until it expires.
For example, John has a SID Subclass 482 visa valid until 1 January 2027. On 1 January 2026, John applies for a Partner (Subclass 820/801) visa onshore, and automatically received a BVA that is “out of effect”.
John will remain on his SID 482 visa until it expires on 1 January 2027 (and subject to its conditions), following which he would transition onto the BVA if he still has not received a decision on the Partner visa.
SID/TSS Subclass 482 visa conditions
For SID Subclass 482 visas, the above consideration is important because of condition 8607, which amongst other things requires the holder to work only for their sponsoring employer (unless exempt).
SID/TSS Subclass 482 visa holders are also subject to a condition to maintain adequate health insurance. By applying for the onshore Partner visa, they’d be entitled to enrol in Medicare which often is considered an “adequate” level of health insurance.
Cessation of Employment
SID Subclass 482 visa holders are obliged to continue to satisfy condition 8607 for the duration of their visa. This means that in circumstances where a Partner visa applicant, who is also a SID Subclass 482 visa holder, ceases employment with their sponsoring employers, they would have 6 months to find a new employer willing to sponsor them or risk having their SID Subclass 482 visa cancelled.
This means that SID Subclass 482 visa holders with significant remaining validity on their visas should ensure that they either remain sponsored with their current (or a new) employer, or only cease employment within 6 months remaining validity of their SID Subclass 482 visa to avoid the possibility of visa cancellation.
If a former SID Subclass 482 visa holder has their visa cancelled, they could apply for a Bridging Visa E (BVE) to remain in Australia during the processing of the Partner visa.
However, they may need to also seek work rights on that visa – and there is no travel facility for this visa, i.e. a BVE holder cannot apply for a Bridging Visa B, and if they departed Australia, the BVE would cease requiring the individual to seek another visa to return to Australia.
Further information
Hannan Tew Lawyers have assisted numerous individuals with both employer-sponsored and Partner visas, including with strategic planning around this.
Please feel free to contact us by email at [email protected] or phone +61 3 9016 0484 if you’d like assistance. You can also subscribe to our newsletter for the latest Australian immigration news straight to your inbox.
