MB Lawyers

June 21 2024:
Work Visa Condition Changes – 1 July 2024

Enhancements have been introduced to facilitate labor market flexibility for temporary migrants holding the following visas:

– Temporary Work (Skilled) visa (subclass 457)

– Temporary Skill Shortage visa (subclass 482)

– Skilled Employer Sponsored Regional (provisional) visa (subclass 494)

Effective from 1 July 2024, visa conditions 8107, 8607, and 8608 imposed on the above visas, will undergo revisions in alignment with the Australian Government’s Migration Strategy, aimed at combating worker exploitation and enhancing productivity.

Under the revised conditions, visa holders who cease employment with their sponsoring employer will have extended periods to secure a new sponsor, apply for a different visa, or make arrangements to depart Australia.

Specifically, these visa holders will be allowed:

  • Up to 180 days consecutively, or
  • A maximum cumulative period of 365 days throughout the visa duration

During this period, visa holders are permitted to work for other employers, including in occupations not specified in their most recent sponsorship nomination. This provision ensures that visa holders can sustain themselves while seeking new sponsorship.

Unless exempted, visa holders are restricted from working for another employer while still employed by their sponsoring employer. They are required to continue working in their nominated occupation during this period.

Sponsors remain obligated to promptly inform the department of any changes within 28 days, such as ceasing sponsorship or a visa holder’s resignation. Further details on sponsorship obligations for Standard business sponsors can be found here.

Visa holders must adhere to all licensing and registration requirements pertinent to their nominated occupation and must not engage in any work that conflicts with these conditions.

These updates apply to both current visa holders and those granted visas on or after 1 July 2024. Periods where a visa holder ceased working for their sponsor before 1 July 2024 will not count towards the newly stipulated timeframes.

For comprehensive information on visa conditions, please refer to the Check visa details and conditions page on the Department of Home Affairs’ website

Contact us for assistance and advice.

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