The Department of Home Affairs announced today that from 1 July 2024, employer-sponsored visa conditions are changing. These conditions deal with visa holders' work rights. They apply to the following visas:
Temporary Skill Shortage visa (subclass 482)
Skilled Employer Sponsored Regional (provisional) visa (subclass 494)
Temporary Work (Skilled) visa (subclass 457)
Current Situation
Currently, if a Subclass 482 visa holder leaves their job, they have 60 days to find a new job and be nominated by the new employer. This is the case whether they resign, are terminated from their position or made redundant. The 60-day period is commonly referred to as the 'grace period.' The grace period of Subclass 494 visa holders is 90 days.
Exceeding the grace period means that the visa holder is in breach of their visa conditions. The potential consequences of breaching visa conditions are serious, including visa cancellation and having to leave Australia. The 60-day limit can put pressure on visa holders to accept inadequate job offers.
If a sc482 visa holder is offered a new position, they are not permitted to start working in that position until a nomination transfer application by the new sponsor is approved. In fact, they are not permitted to work at all during the grace period. That is because most sc482 holders are only permitted to work in their approved nominated position. Other employment is not allowed.
The Change
According to the announcement, the Government will extend the grace period to 6 months from 1 July 2024. Furthermore, sc482 and sc494 visa holders will be permitted to work for any employer during the grace period. 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.
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.
This long-awaited change was initially announced in 2023 however was not implemented.
Impact on Holders and Employers
The extended grace period offers several advantages for temporary skilled workers. It increases their chances of finding suitable employment that matches their skills and goals. With more time available, visa holders can explore different opportunities and secure a job that better suits their skills.
Moreover, the six-month grace period with work rights provides temporary skilled workers with greater financial stability. They can continue earning a living while searching for suitable employment, reducing the risk of financial hardship or exploitative work arrangements.
Employers will also benefit from this change as it allows them to employ existing sc482 and sc494 visa holders before they are approved as their new sponsor.
Extending the grace period for Temporary Skilled Shortage visa holders aligns with the government's efforts to address migrant worker exploitation and promote a fair work environment. It acknowledges the valuable contributions of temporary skilled workers to Australia's workforce and the nation's growth.
Word of Caution
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. You can find more information at Sponsorship obligations for Standard business sponsors.
Visa holders must not do 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.
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For more information please Contact Us or email elan@ryshermigration.com.au
Elan Rysher is a Registered Migration Agent and Qualified Student Counsellor. He is the main Writer for ImmiUpdates and the founder of Rysher Migration. Being a former migrant himself, Elan is passionate about helping others fulfil their Australian dream.
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