There are many reasons why you may want to change your employers. Changing employers while holding an employer sponsored Temporary Skill Shortage (TSS) or Skills in Demand (SID) Subclass 482 visa is possible, but there are specific conditions and procedures that must be complied with.
A summary of the process to change employers while on a 482 visa is set out below.
What is Condition 8607?
As a primary holder of a 482 visa, your visa is subject to Condition 8607. This condition requires you to:
- only work in your nominated occupation for your 482 visa;
- only work for your sponsoring employer (or an associated entity); and
- not cease work for more than 180 consecutive days (or 365 days across the validity of your visa).
This means that if you have resigned or had your employment terminated, you have 180 days from your last day with your sponsoring employer to:
- find another approved sponsor to take over the nomination of your 482 visa;
- obtain a different visa; or
- leave Australia.
After this 180-day period, you would be in breach of your visa conditions which means that the Department of Home Affairs (the Department) may take steps to cancel your visa, typically by first issuing a Notice of Intention to Consider Cancellation (NOICC). You can read what happens when the Department considers exercising its cancellation powers here.
Secondary holders of TSS/SID visas do not have the Condition 8607 imposed on their visas so have unrestricted work rights.
How can another employer take over the nomination of my TSS visa?
Condition 8607 requires a primary 482 visa holder, who is not working in an exempt occupation (see below), to work only for their nominating employer.
This means that a new employer who wishes to take over the sponsorship of a 482 visa, must submit what is known as a “nomination transfer”. This then ensures that the 482 visa holder is not in breach of their visa conditions.
The process is set out below:
Step 1: Sponsorship
- have a legally established and currently operating business; and
- not have any adverse information regarded against it.
The business then assumes a number of sponsorship obligations, including assuming certain costs, ensuring your employee only works in their nominated occupations, and is subjected to equivalent terms and conditions of employment as your Australian workers. The business will only need to apply for the SBS once every 5 years.
Step 2: Nomination application
- be a genuine, full-time position;
- have a salary no less that the Temporary Skilled Migration Income Threshold (TSMIT) and in line with market rates;
- be subject to Labour Market Testing; and
- be on the relevant occupation list (see here).
If the new position correlates to the same ANZSCO occupation nominated for your 482 visa, then once the nomination transfer is approved, you may immediately start working for your new sponsoring employer.
If a change of occupation is required, then a new SID 482 visa will be required (set out below).
Step 3: If changing occupations, a visa application
- have relevant skills and qualifications that match the role;
- have at least one year of full-time, relevant work experience in a related position (in the last 5 years);
- have a genuine intention to work in the nominated position;
- meet mandatory licensing, registration, or professional membership requirements;
- have adequate arrangements for health insurance; and
- satisfy health, character, and English requirements.
You may not be able to claim the experience worked in a different ANZSCO occupations for the new SID 482 visa. For example, if you were previously sponsored as a Cook, the work experience gained in that occupation cannot be counted towards the work experience required for a Chef.
If you have changed your sponsor and occupation, you cannot start working with your new employer until the visa application has been approved.
Can you work for your previous employer after a new nomination is approved?
If a new nomination is approved, a 482 primary visa holder may continue working for their previous sponsor to fulfil any notice periods. This will not be considered as a breach of Condition 8607.
Otherwise, once the nomination transfer has been finalised, you cannot return to work for your previous employer unless a further nomination is approved to re-transfer your 482 visa back to them.
What are the exempt occupations?
There are certain occupations that do not require the visa holder to work for their nominating sponsor. These 482 visa holders can be engaged as an independent contractor by the sponsor or an associated entity of the sponsor and may work for multiple employers, either simultaneously or consecutively.
We’ve published a separate article which gives more information on Condition 8607 and its exemptions.
Conclusion
We have assisted job seekers and businesses alike when it comes to applying for 482 applications, including nomination transfers.
It is often worth seeking professional advice about what to do to ensure a smooth transition, especially to navigate the rules surrounding the Labour Market Testing component.
Please feel free to contact us by email at [email protected] or phone +61 3 9016 0484 if you would like assistance.
