Employer Change Period Extended to 180 Days
To enhance work flexibility for employer-sponsored visa holders and ensure they have more choices and protections in their career paths, the Australian Department of Home Affairs recently announced significant changes to key conditions 8107, 8607, and 8608 for employer-sponsored visas, effective from 1 July 2024.
Under the new policy, the allowable time for employer-sponsored visa holders to change employers will increase significantly from the previous 60 days to 180 days. This change provides visa holders with a more generous time window to navigate potential career changes and find new employers.
The implementation of this policy not only helps reduce the time pressure faced by visa holders due to work changes but also reflects the Australian Department of Home Affairs' attention to and protection of workers' rights. By extending the allowable employer change period, visa holders will have more opportunities and time to find work environments and career development paths that better suit them.
Furthermore, the Department of Home Affairs encourages both employers and visa holders to make full use of this policy, actively seeking and seizing new opportunities for career development to jointly promote the prosperity and development of Australia's labor market.
Affected Visa Types
Temporary Work (Skilled) Visa (subclass 457)
Temporary Skill Shortage Visa (subclass 482)
Skilled Employer Sponsored Regional (Provisional) Visa (subclass 494)
Key Changes
Increased Allowable Time for Changing Employers
The Department of Home Affairs has made important adjustments to the employer change policy for employer-sponsored visas, providing visa holders with a more relaxed timeframe. Now, if a visa holder stops working for their sponsoring employer, they will have a longer period to find a new sponsoring employer, apply for another visa, or arrange to leave Australia.
The specific time extensions are as follows:
· Each employer change period can last up to 180 days.
· The cumulative time for changing employers throughout the visa validity period is a maximum of 365 days.
More Flexible Work Scope
Under the new policy, when a visa holder stops working for their original sponsoring employer, they will have more time to find a new sponsoring employer, apply for another visa, or arrange to leave Australia. During this period, visa holders can freely choose to work for other employers, including work outside their nominated occupation.
Example:
Mr. Li holds a 482 visa as an aged care practitioner, working as a carer at a nursing home in Melbourne. Due to poor management at the nursing home, he was forced to resign.
Under the new regulations: After terminating employment with his employer, Mr. Li now has 180 days to find a new sponsoring employer. During this period, he can take on temporary work in non-nominated occupations, such as working part-time as a ride-share driver, to cover living expenses. If he subsequently terminates with a new employer, he can use the remaining days until the 365-day limit to find new employer sponsorship.
Other Important Notes
Maintaining Your Nominated Occupation
For holders of specific employer-sponsored visas, when working for your current sponsoring employer, you must strictly work within your nominated occupation field.
Unless you have been granted a special exemption, you must not work for other employers or engage in other occupations before formally terminating your working relationship with your current sponsoring employer.
Any breach of this requirement may affect your visa status.
Employer Reporting Obligations
To ensure transparency and compliance in the visa process, employers bear important reporting obligations. Once there is any change in the visa holder's circumstances, including termination of sponsorship or the visa holder's resignation, the employer must report to the Department of Home Affairs within 28 days.
Licensing Requirements
Visa holders must not engage in any work that is inconsistent with the licensing or registration requirements related to their nominated occupation.
Additional Policy Information
From 25 November 2023:
Occupation list relaxed: The previous occupation list restrictions were removed, allowing more 482 visa holders the opportunity to apply for permanent residency after meeting the relevant conditions.
Required work period shortened: To encourage 482 visa holders to integrate more quickly into the local workforce, the work duration requirement with an employer was reduced from 3 years to 2 years. This means they only need to work for an employer for 2 years before applying for permanent residency, significantly accelerating the path to permanent residence.
From 1 July 2024:
TSMIT increased: From the adjustment date, the TSMIT (Temporary Skill Shortage Income Threshold) requirement for new nomination applicants will increase from AUD 70,000 to AUD 73,150. Additionally, they must meet the Annual Market Salary Rate (AMSR) requirement, whichever is higher. For aged care workers applying for the 186 permanent residency visa through the 482 Labour Agreement stream, those who have worked for two years need an annual salary of at least AUD 51,222 or the market salary rate, whichever is higher.
From 23 November 2024:
Work experience requirement reduced: To attract more skilled overseas talent, the work experience requirement for the 482 visa has been reduced from 2 years to 1 year. For overseas applicants choosing Aged Care through the 482 Labour Agreement stream, no relevant work experience is required.
The policy adjustments for employer-sponsored visas will apply to all existing visa holders and new visa applications approved after 1 July 2024.
· Adjustment of time limits: Any time spent not working for a sponsoring employer before 1 July 2024 will not count toward the time limits under the new regulations. This ensures fairness and reasonableness in the policy adjustment.
· Simplified employer change process: If you need to change employers during your visa validity period, you only need to submit a new nomination application without re-submitting the entire visa application. This streamlined process will save you significant time and effort.