Do you know which visa rules apply when Subclass 482 Visa holders change employer sponsors? For example – did you know that Subclass 482 Visa holders who have left their previous employer may be able to work for a new employer for 180 days without sponsorship?
Australia's current mobility arrangements enable businesses to more easily recruit Subclass 482 Visa holders that are already in the country – who often possess skills and experience not easily found locally.
With skills shortages continuing to affect many industries, here's what you should know.
Visa Rules When Changing Employer Sponsors
Subclass 482 Visa holders that choose to cease work with their employer sponsor have:
- 180 days (an increase from 60 days) to find a new employer sponsor, apply for a different visa, or depart Australia*;
- The option to work in occupations other than their 482 nominated occupation to support themselves financially during this time.
*A maximum of 365 days across a 482 Visa holder's visa period is available to find a new sponsor, apply for a different visa, or depart Australia.
How this Applies | Hiring a 482 Visa Holder Before Sponsoring Them
As outlined above, businesses can hire Subclass 482 Visa Holders that have left their employer-sponsor within 180 days before sponsoring them.
This allows for several benefits:
- Workers can be engaged for an immediate start rather than waiting for the Nomination application to be approved first. The worker can continue working for the new employer while the application is taking place.
- Employers and workers have a period of time to trial the work arrangement before sponsorship.
- Employers can confidently recruit Subclass 482 Visa holders already here in Australia, who often have skills and experience not easily found locally. While it is now easier for Subclass 482 Visa holders to seek other work, it has also become easier for employers to recruit 482 Visa holders.
- Employers without a Standard Business Sponsorship arrangement in place can employ Subclass 482 Visa Holders.
- Workers have greater flexibility to change employers and work in a different occupation to support themselves without risking their visa status.
What to Consider Early On
While it is possible to employ a 482 Visa holder without sponsorship of their visa, employers should be aware of Nomination requirements should they choose to sponsor them after or during the 180 day period.
This includes requirements for Labour Market Testing (LMT – a specific process employers must follow to genuinely test the local labour market before sponsoring an overseas worker and one which usually takes several weeks).
Typically, a 482 Visa Holder that has left their previous employer will be looking for a new sponsor. Employers may wish to be upfront about sponsorship opportunities in their business.
Interstaff | Strategic Immigration for Business
If you would like professional visa, sponsorship or migration advice on these changes, we encourage you to contact Interstaff's Migration Agents.
You can also connect with us on LinkedIn to stay updated on Australian immigration news and developments.
Source:
Interstaff's Registered Migration
Agents
The Migration Institute of Australia
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.
