As part of the Australian Government's Migration Strategy released in December 2023, there are significant changes to the 482 visa condition 8607 and the 494 visa condition 8608 from 1 July 2024. These changes are aimed at reducing the exploitation of immigrants in Australia and providing more flexibility for visa holders.
Summary of Changes:
- Extended Period to Find a New Sponsor: Employer-sponsored visa holders will have 180 days to find a new sponsor if they quit or are fired (currently, it is only 60 days).
- Maximum Total Period: A maximum of 365 days in total across the entire visa grant period.
- Flexibility in Employment: During this period, visa holders are allowed to work for different employers, including in occupations not listed in their most recently approved sponsorship nomination. This flexibility ensures that visa holders can support themselves financially while searching for a new sponsor.
Obligations:
- Notification Requirement: Sponsors must notify the Department if a visa holder ceases work within 28 days, whether the visa holder resigns or their employment is terminated.
- Employment Restrictions: Unless exempt, visa holders cannot work for another employer unless they have ceased work with their sponsoring employer.
- Nominated Occupation: Visa holders must remain in their nominated occupation while working for their existing sponsor.
- Licensing and Registration: Visa holders must not do any work inconsistent with any licence or registration needed for their nominated occupation.
Affected Individuals:
The changes apply to existing 457, 482 and 494 visa holders as well as those granted a visa on or after 1 July 2024.
Pathway to Permanent Residency:
The 186 Temporary Residence Transition (TRT) stream has not been changed at this point, so most 482 visa holders are still required to work 2 years for their same sponsoring employer before they can be sponsored for the 186 TRT stream.
The government may change this later in the year, when they bring in the Skills in Demand visa, so that “Periods of employment with any approved employer will count towards permanent residence requirements.” (The Migration Strategy, page 48).
Reform of Skilling Australia Fund Needed:
The Migration Strategy report raised the possibility of changes to the Skilling Australia Fund (SAF). Currently, the SAF requires a large upfront payment for the original nomination for a temporary work visa:
- For 482 visas: $1,200 per year for businesses with a turnover up to $10 million and $1,800 per year for businesses with a turnover over $10 million.
- For 494 visas: $3,000 flat fee for businesses with a turnover up to $10 million and $5,000 per year for businesses with a turnover over $10 million.
The changes to conditions 8607 and 8608 provide significant flexibility for employees, making it urgent to reform the Skilling Australia Fund to ensure employers are willing to sponsor, even with the risk of employee turnover.
Do you need help with a 482 or a 494 Visa application?
Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.
Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.
You can book an appointment online or call us at (+61) 8 8351 9956.
If you are looking for an employer to sponsor you, check out our blog "How to Find an Employer Sponsor in Australia."
Sources:
https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1213
https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf
