Changing Employers on a Subclass 482 (Skills in Demand – SID) Visa: What You Need to Know
Changing Employers on a Subclass 482 (Skills in Demand – SID) Visa: What You Need to Know
Changing Employers on a Subclass 482 (Skills in Demand – SID) Visa: What You Need to Know
Switching jobs while holding a Subclass 482 (SID) visa requires careful planning and a solid understanding of the visa conditions. Although recent updates have introduced greater flexibility for visa holders, strict rules around timelines and compliance continue to apply. Being informed and proactive is key to protecting your visa status and ensuring a smooth transition between employers.
Visa Condition 8607 Explained
Condition 8607 is one of the most important rules governing your 482 SID visa. It imposes specific restrictions:
- You can only work for your sponsor in the occupation that was nominated in your most recent, approved nomination. Even if your visa is still valid, switching occupations without having a new nomination approved is a violation of this condition (please see the 180-day exemption of this condition below).
- You’re only allowed to work for your current sponsor or an associated business (depending on your visa stream and whether your sponsor is an overseas business). You must not commence work with a new employer until that employer’s nomination has been lodged and approved (please see the 180-day exemption of this condition below).
- You are permitted to take a break from working in your nominated role and with your sponsor for up to 180 consecutive days, provided that the total period without approved sponsorship does not exceed 365 days per visa and provided your 482 visa is still valid. This offers time to find a new sponsor, but exceeding these limits may lead to visa cancellation.
If you do not apply for a new substantive visa or leave the country after the 180-day mark, you may be considered non-compliant, which can prompt the Department of Home Affairs to begin cancellation proceedings.
When Your Employment Ends
Your sponsoring employer must inform the Department of Home Affairs within 28 days after your employment ends (or is expected to end). This is a legal obligation, and failure to meet it could impact both you and the employer. As the visa holder, you also carry the responsibility to stay compliant and respond appropriately.
Changing Sponsors: A Step-By-Step Guide
Consider professional advice
First Class Migration can help you stay compliant and navigate any challenges during the transition.
Start job hunting right away
Don’t wait until your job ends – begin networking and exploring sponsorship opportunities as early as possible to give yourself maximum time. Your new sponsor may need to conduct labour marketing testing (LMT) for 28 days before a new nomination is lodged, so they’ll need time too.
Ensure notification is made within 28 days
Your previous employer must inform the Department about the end of your employment. Follow up with them to confirm it’s been done.
Verify the new employer is eligible to sponsor
Your next employer must hold or apply for Standard Business Sponsroship (SBS) to legally nominate you.
Submit a new nomination
Your new nomination must reflect the same occupation as your current visa. You can commence working for a new employer within the 180-day period while the new nomination is being processed. If you are changing occupations, then a new nomination and a new visa is required.
Use your 180-day grace period wisely
If you have been unable to find new sponsorship within the 180-day period, in-order to remain compliant with condition 8607, you must depart Australia.
Keep detailed records
Save all correspondence with employers and the Department, including VEVO checks, nomination lodgements and cessation notices.
Check your ImmiAccount frequently
Ensure your contact details are correct and monitor for any updates or request from the Department. Missing critical messages can jeopardise your status.
Act quickly if complications arise
If your nomination is refused or delayed, explore your options: you may need to apply for another visa, seek a review, or prepare to leave Australia before the grace period ends.
Key Takeaway
Moving between employers while on a 482 SID visa is possible but comes with strict conditions. The 180-day timeframe, employer notification requirements and compliance with Condition 8607 are critical. Delays or missteps can have serious consequences for your visa and future in Australia.
If you’re changing jobs or need some expert help, contact us.
How We Can Help
At First Class Migration Australia, we understand that navigating these changes can be overwhelming. Our team of highly experienced migration agents are here to guide you through the evolving migration policies, offering personalised advice to maximize your chances of successful migration. We stay up to date with the latest developments and provide timely advice to ensure you make informed decisions.
Contact Us
If you have any questions on the above article please do not hesitate to contact us.
02 9999 6668