Australia has simplified work permit criteria for skilled migrants working on temporary visas. The relaxation in work permit conditions has been announced by the Australian government for the temporary migrants who have these visas – Temporary Work (Skilled) visa (subclass 457), Temporary Skill Shortage visa (subclass 482) and Skilled Employer Sponsored Regional (provisional) visa (subclass 494).
From July 1, 2024, visa conditions 8107, 8607 and 8608 have been modified in response to the Australian Government’s Migration Strategy.
The new rules allow holders of these visas who stop working with their sponsoring employer to have more time to find a new sponsor, apply for a different visa or arrange to depart Australia. During the whole length of the visa grant, the holders of these visas will have 180 days, or a maximum of 365 days, to locate a new sponsor, submit an application for a change type of visa, or make plans to leave Australia.
Searching for a new job or changing jobs
Temporary Skill Shortage visa lets an employer sponsor a suitably skilled worker to fill a position they cannot find a suitably skilled Australian to fill. Similarly, the Skilled Employer Sponsored Regional (Provisional) visa enables regional employers to address identified labour shortages within their region by sponsoring skilled workers where employers cannot source an appropriately skilled Australian worker. Certain Skilled Regional (Provisional) visa holders had their visa extended by 3 years on February 18, 2022.
During this time, visa holders can work for other employers. This includes work in occupations not listed in their most recently approved sponsorship nomination. This will ensure that visa holders can support themselves while they look for a new sponsor.
However, unless exempt, a visa holder cannot work for another employer unless they have ceased work with their sponsoring employer. Visa holders must remain in their nominated occupation while working for their existing sponsor. Visa holders must not do any work that is inconsistent with any license or registration needed for their nominated occupation. This includes any conditions or requirements they are subject to.
The sponsors must still let the department know if there is any change in the situation within 28 days. This includes ceasing sponsorship or if a visa holder resigns. The changes apply to existing visa holders, as well as those granted a visa on or after July 1, 2024.