Immigration
Australia | Amendments to Temporary Skill Shortage and Skilled Employer Sponsored Regional visa work conditions to commence from 1 July 2024
Summary
From 1 July, visitor visa, Temporary Skill Shortage, Skilled Employer Sponsored Regional and Temporary Work (Skilled) visa holders who have ceased working with their sponsoring employer will have additional time to find a new sponsor, apply for a different visa or depart Australia.
The detail
Tackling migrant worker exploitation has been one of the key commitments in the Australia Government’s reform of the migration system. To support the labour mobility of sponsored skilled temporary visa holders, from 1 July 2024 visa conditions 8107, 8607 and 8608 will be amended to provide additional time for certain sponsored visa holders who have ceased employment with their sponsoring employer to find a new sponsor, apply for a different visa or depart Australia.
The amendments apply to Temporary Skill Shortage (subclass 482), Skilled Employer Sponsored Regional (subclass 494) and Temporary Work (Skilled) (subclass 457) visa holders, who from 1 July 2024 will have up to:
Provided they have ceased employment with their sponsoring employer, to ensure that visa holders can support themselves while they look for a new sponsor the visa holder will be permitted to work for other employers during this period, including working in occupations not listed in their most recently approved sponsorship nomination.
Importantly, this concession to work outside of the nominated occupation only applies to visa holders who have ceased employment with their sponsoring employers. Whilst working with their existing sponsor, Subclass 482, 494 and 457 visa holders must continue to work only in their approved nominated occupation and must not undertake any work that is inconsistent with the licencing or registration required for their occupation.
The amendments will apply to existing Temporary Skill Shortage (subclass 482), Skilled Employer Sponsored Regional (subclass 494) and Temporary Work (Skilled) (subclass 457) visa holders as well as those granted on or after 1 July 2024. Importantly, any period a Subclass 482, 494 and 457 visa holder stopped working for their employer prior to 1 July 2024 will not count towards the new expanded time periods.
Finally, a reminder that approved sponsors have an obligation to notify the Department of Home Affairs of certain events, including the cessation or expected cessation of employment sponsored visa holders as well as other events such as the appointment of new Directors. This notification must be made within 28 days of the event.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Stacey Tsui
Partner & Principal Solicitor
Cherie Wright
Partner & Principal Solicitor
Fariha Islam
Director
John O’Brien
Director
Arathi Tekkam
Director