Can I Change Employers If I’m On A 482 Visa?

Introduction

The Subclass 482 Temporary Skills Shortage visa was introduced as a temporary measure to alleviate skill shortages in Australia. This is why it comes with some pretty strict regulations and restrictions on what Australian visa holders can and can’t do while holding a 482 visa. If you hold a subclass 482 visa and are looking to switch employers or get a new job, it’s definitely possible, but you’ll need to closely follow the rules and conditions of your visa to avoid a breach.

Visa 482 Condition 8607 Explained

While the full description of condition 8607 on the Department of Home Affairs website is very long and detailed, it can be boiled down to a few key points that will be relevant to most visa holders.

1. The visa holder is only permitted to work in the occupation nominated on their visa. That means if you’ve nominated ‘accountant’ on your visa application, you can’t get a new job as an actuary on the same visa. If you want to work in a new occupation, your only option is to lodge a completely new visa application.
2. You can only work for the employer who nominated you on your visa application unless your occupation is exempt from this condition (if it is, you would already have been notified.) There are a couple of other exemptions to this, but they are for fairly specific circumstances and will likely not apply to you if you’re simply wanting to take on a new role to advance your career or improve your salary. There is a way around this condition, which we outline below.
3. You must not take a break from working for your nominated employer for more than 60 days. 

Can I Change Occupations While On A Subclass 482 Visa?

As outlined in the first point above, it is one of the explicit conditions of the 482 visa that you may not change occupations while holding this visa. This is because the visas are granted on the basis of specific skill shortages, so your occupation is integral to the validity of your visa. If you have a strong desire to change occupations while you’re holding a 482 visa, you will need to lodge an entirely new application and wait until it has been granted before you begin your new occupation. If your desired occupation is also on the skilled occupation list, and you are able to find an employer willing to sponsor you, you have a good chance of having your new visa application granted. If you’re looking to lodge a new 482 visa for this reason, it’s worth speaking to a professional immigration agent as they can help you navigate this somewhat challenging process, while making sure you are not in breach of your current visa. 

How To Change Your Employer Sponsorship?

If you’re looking to work for a new employer, but within the same occupation, this process is slightly easier and doesn’t require an entirely new visa application. First, your potential new employer will need to lodge a nomination to sponsor you. If they aren’t already registered as a Standard Business Sponsor, they must have their application approved before lodging your nomination. Once your nomination has been approved, you may start working for your new employer. Keep in mind that you’ll need to continue working for your current employer while the application is being processed. This is because you will be in breach of your visa if you are not working for a sponsoring employer for over 60 consecutive days. Processing times vary, so the safest way to ensure you aren’t in breach of this condition is to continue working until your new sponsorship application is granted and you can commence working for your new employer.

How Long Before You Can Start Working For New Sponsor?

You can start working for your new sponsor as soon as their application to sponsor you is approved. You may not begin working for them before this point, as this will be a breach of your visa conditions. You must also not have a break of more than 60 days between ceasing employment with your original employer and commencing employment with your new employer. 

Conclusion

If you wish to change occupations on a subclass 482 visa, you will need to apply for a new visa. This can be a complicated process and you are at risk of breaching your visa conditions if it is not handled correctly. This is why we advise using a registered migration agent to help guide you through the process. Similarly, if you’re looking to change employers – but remain in the same occupation – you will need to lodge a new nomination application (but you can stay on the same visa.) While this process doesn’t involve applying for a visa from scratch, you may need guidance on lodging the new nomination application and ensuring you remain compliant with your visa regulations during the transition between employers. AustraliaMigrate can assist with the process of either an entirely new subclass 482 application or a new nomination application to work for a new employer. We also provide expert guidance on complying with your visa conditions, helping you navigate even the most complex situations with customised advice for unique personal circumstances. If you’re looking to switch jobs or employers and you hold a subclass 482 visa, contact the experts at AustraliaMigrate today.