Primary 482 visa holders are allowed to change sponsors (employers) after the grant of their 482 visa. To do so, they have to ensure that they comply with the requirements outlined in this article so they are not in breach of the work restrictions ( condition 8607) imposed on their visa.
Process to change sponsors on a 482 visa
There are many reasons why 482 visa holders may want to change sponsors such as receiving a better offer from a different employer, termination of employment or they are simply looking for a change.
From a sponsor's perspective
The new sponsor must be willing to lodge a new nomination to transfer the time remaining on the main applicant's visa under the 482 visa program. The new sponsor will be required to be an approved sponsor by the Department of Home Affairs.
Sponsors are only required to pay 1 year of SAF levy to transfer the time remaining on the main applicant's visa. For example, if the primary applicant has 3 years remaining on their 482 visa, the new sponsor will only have to pay for 1 year of Skilling Australians Fund (SAF) levy to employ this visa holder for the next 3 years while holding a 482 visa.
The nominated occupation must remain the same. If the new sponsor wishes to employ the applicant in a different occupation, they will also be required to lodge a new visa application. The visa holder must have the required skills and experience for this new occupation in order to have their visa approved.
From a primary 482 visa holder's perspective
The primary 482 visa holder will need to wait until a (favorable) decision is made on their new nomination to start working with their new sponsor (visa condition 8607). If they are required to serve a notice period, they can serve this before, during or after the approval of the new nomination. If this is done after the approval, the applicant must start employment with their new sponsor within 60 days after the new nomination is approved.
What happens after the new nomination is approved?
After the new nomination is approved and only after this event, the 482 visa holder can start working for the new sponsor. If the visa applicant wishes to return with their previous sponsor after this event, a new nomination will have to be made.
The 482 visa holder will not need to lodge a new 482 visa, as the time remaining on their current visa will be transferred to the new sponsor. This also applies to any dependents included in the visa application.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
