08 Apr Can I Change Employer On A 482 Visa?
One of the most common questions around employer sponsored visas is “can the 482-visa holder change employers or Australian business sponsor or want to change positions and roles. The short answer is, YES.
However, there are certain rules that must be strictly followed in the process of changing employers, otherwise both the sponsor and the employee will run the risk of breaching the current visa condition and sanctions may be applied to the sponsors.
Upon approval of your employer sponsored visa, it will have an accompanying Mandatory Visa Condition 8607.
This 8607-visa condition is a standard and mandatory work limitation condition that is attached to all 482 Visa Subclass which are granted based on an employer sponsorship.
Essentially, Condition 8607 requires the 482 Visa holder to:
- Only work in the nominated occupation for which the visa was approved (if you were approved as a Chef, your new prospective employer should sponsor you as a Chef and not as a café manager or any other occupation)
- Only work for the approved employer/Australian business who nominated the position unless the visa holder’s occupation is considered exempt from this requirement.
- This condition requires the primary 482 TSS visa holder to not cease employment with their sponsoring Australian business employer for a period not exceeding 60 consecutive days.
Aside from making sure that the 482 Visa holder does not breach the 8607 Visa conditions, one should also make sure that the prospective employer is eligible to sponsor the migrant worker for a 482 visa. This means that the new employer is approved and holds a Standard Business Sponsorship (SBS) and that his sponsorship status is valid. If not, then the new prospective employer should be eligible and willing to apply for SBS. By then, the prospective employer will lodge a 482-nomination application for the employee and have this nomination approved by the Department of Home Affairs (DHA) before the employee can officially start employment with the new sponsoring business. In other words, the employee can’t start working for the prospective employer before the 482 Visa nomination for the same occupation is approved.
How to Change a sponsor on a 482 Visa
- Check whether the new prospective employer holds a Standard Business Sponsorship (SBS). If not, consult the employer if they will be willing to apply for an SBS or if they already are approved for an SBS, make sure that it is still valid.
- Have the new prospective employer nominate you for the occupation that you are previously granted a 482 visa for. Therefore, if you were previously working as a Chef, and your new sponsor is a Restaurant, have the business owner (who is an approved Standard Business Sponsor) lodge a nomination for you as a Chef for the Restaurant.
- Once your new nomination for the Chef occupation is approved, you can now start working for your new employer. If your first 482 TSS Visa is still valid, you do not have to apply for a new visa to work for your new employer.
How can the new employer nominate the 482 TSS visa holder?
- The occupation must be the same to the occupation which the 482 Visa holder was previously approved for (otherwise a new visa is required, different to the old 457 visa rules and functions).
- This occupation must be highly relevant to the nominated worker’s background and qualifications. These requirements based on occupation suitability can be satisfied with a Genuine Position Letter and accompanying Position Description to show that the applicant meets all the Department’s requirements in relation to the nominated occupation.
- The employer must show evidence that the business could not find a suitable, equivalent Australian worker to fill the position/role via labour market testing (unless exemptions are applicable, best to enquire with a professional).
- The salary and wages offered must meet the minimum standards set by the DHA and the average markets indicated for the role via salary justification.
- The employer must contribute to the Skilling Australian Fund (SAF). A fund that is used to train Australian workers through apprenticeships and over similar upskilling programs. The amount varies, depending on the business turnover and the period of the temporary visa.
60 Consecutive Days Rule for 482 Visa
- All 482 TSS Visa holders are subject to the Visa Condition 8607 which expressly requires the visa holder to not cease employment for over 60 days
- Once the 482 TSS Visa holder ceases employment, the sponsoring employer has the obligation to notify the DHA of that employer’s resignation or termination of employment
- After 60 days upon notification to the DHA, the visa holder would be in breach of visa condition 8607 and the employee’s visa is liable for cancellation
- However, if the employee was able to find another employer (who is an approved Standard Business Sponsorship (SBS) holder, then the new employer may lodge a TSS “nomination transfer” to transfer the sponsorship of the 482 visas to their business. This will effectively enable the visa holder to comply with the 8607 conditions of the visa, provided it is all done within 60 consecutive days after the cessation of the first sponsor.
- Therefore, the most practical and safest way to avoid breaching the 8607-visa condition with regards to the 60 days limitation is to continue working for the current sponsor until the new nomination with the prospective employer is approved.
What occupations do not need to have a new 482 nomination when you change employers?
These are the following occupations where the visa holders are allowed to be engaged as an independent contractor by the sponsor or work for a multiple employer.
|Chief Executive or Managing Director||Corporate General Manager|
|General Medical Practitioner (GP)||Resident Medical Officer|
|Anaesthetist||Specialist Physician (General Medicine)|
|Gastroenterologist||Intensive Care Specialist|
|Renal Medicine Specialist||Rheumatologist|
|Thoracic Medicine Specialist||Specialist Physician (nec)|
|Paediatric Surgeon||Plastic And Reconstructive Surgeon|
|Dermatologist||Emergency Medicine Specialist|
|Obstetrician And Gynaecologist||Ophthalmologist|
|Radiation Oncologist||Medical Practitioners (nec)|