Condition 8107, 8607 and 8608
From 1 July 2024, the Government has made some changes to visa conditions 8107, 8607 and 8608 to help tackle worker exploitation and drive productivity as was outlined within the Migration Strategy.
The changes to these conditions direclty affect the followling visas:
- Temporary Work (Skilled) visa (subclass 457)
- Temporary Skill Shortage visa (subclass 482)
- Skilled Employer Sponsored Regional (provisional) visa (subclass 494).
From 1 July 2024, visa holders who stop working with their sponsoring employer will have more time to find a new sponsor, apply for a different visa or arrange to depart Australia. These visa holders will have up to:
- 180 days at a time, or
- a maximum of 365 days in total across the entire visa grant period.
The above timeframe is of course subject to the expiry term of the existing visa. Expiry of the visa will always come first.
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.
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.
Sponsor obligations remain the same on notification of cessation of employment. Sponsors must still let the department know within 28 days of the date of cessation of employment. This includes ceasing sponsorship or if a visa holder resigns.
Visa holders must not do any work that is inconsistent with any licence or registration needed for their nominated occupation. This includes any conditions or requirements they are subject to.
The changes apply to existing visa holders, as well as those granted a visa on or after 1 July 2024. Any periods a visa holder stopped working for their sponsor before 1 July 2024 will not count towards the new time periods outlined above.
Full details of the new changes can be found on the Department’s website.
MARN 1386281
