Big relief for migrant employees in Australia! The Aussie government has announced easing of rules for temporary workers seeking new employment. What’s the update? The major change extends the grace period for sponsored workers from 60 to 180 days after ceasing employment before breaching their visa conditions. Additionally, there is a maximum limit of 365 days across the entire visa grant period. During this time, workers can engage in any occupation within reason without breaching their visa conditions, even if they are not working in their last approved occupation.
Previously, holders of Temporary Work (Skilled) visas (subclass 457), Temporary Skill Shortage visas (subclass 482), and Skilled Employer Sponsored Regional visas (subclass 494) had a much shorter timeframe to find a new sponsor, apply for a different visa, or leave Australia.
These changes come under amendments to visa conditions 8107, 8607, and 8608, introduced as part of the Australian Government’s Migration Strategy.
Key changes
Extended time to find new employment:
Visa holders now have up to 180 days at a time, or a maximum of 365 days in total during the visa grant period, to secure new sponsorship, apply for a different visa, or make arrangements to depart Australia.
Flexibility in employment:
During this period, holders of such visas can work for other employers, including in occupations not listed in their most recent sponsorship nomination. However, they must avoid working in occupations requiring specific licences or registrations that they do not possess.
Employment conditions:
Ceasing work with current sponsor: Visa holders must stop working with their sponsoring employer before starting with another employer unless exempt.
Nominated occupation compliance: While with their existing sponsor, visa holders must remain in their nominated occupation.
Licensing and registration requirements: Visa holders must not engage in work that requires specific licences or registrations unless they have those credentials. This includes adhering to any conditions or requirements associated with their occupation.
Sponsor obligations:
Sponsors must inform the Department of Home Affairs of any employment changes for visa holders within 28 days, including resignations or changes in sponsorship status
Impact on visa holders
Temporary Work (Skilled) Visa (Subclass 457):
Holders of this visa will benefit from increased flexibility in employment transitions, allowing them to seek new sponsorship or other visa options without the immediate pressure of visa cancellation due to unemployment.
Temporary Skill Shortage Visa (Subclass 482):
For those on this visa, the extended period to find new employment mitigates the risks associated with abrupt job loss and ensures continued support while exploring new opportunities within Australia.
Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494):
Visa holders in regional areas will particularly benefit from these changes, with ample opportunity to secure new sponsorship within their region or apply for different visa pathways, thereby promoting regional development and stability.
Temporary Skill Shortage Visa
This temporary visa allows an employer to sponsor a suitably skilled worker to fill a position they can’t find a skilled Australian to fill.
Stay:
You can stay for up to 2 years or up to 4 years if an International Trade Obligation (ITO) applies. Hong Kong passport holders may stay up to 5 years.
Cost:
From A$1,495 (Rs 84,642)
Basic eligibility:
You must:
— Be nominated for a skilled position by an approved sponsor
— Have the right skills for the job
— Meet the relevant English language requirements
Skilled Employer Sponsored Regional (Provisional) Visa
Basic eligibility:
You must:
— Be nominated by an approved work sponsor
— Have an occupation on a relevant skilled occupation list
— Have a suitable skills assessment for the occupation
— Be under 45 years of age
— Meet minimum standards of English language proficiency
This visa has three streams:
1. Employer Sponsored Stream:
This visa enables regional employers to address identified labour shortages within their region by sponsoring skilled workers where employers can’t source an appropriately skilled Australian worker.
Stay: 5 years
Cost: From A$4,770 (Rs 270,063)
2. Labour Agreement Stream:
This stream is for skilled workers nominated by employers who have a labour agreement with the Australian government.
Stay: 5 years
Cost: From A$4,770
3. Subsequent Entrant:
This visa is for family members of Skilled Employer Sponsored Regional (SESR) visa holders who are applying separately to join the primary SESR visa holder in Australia.
Stay: Up to 5 years
Cost: From A$4,770