New Changes to Employer Sponsored Visas

Navagating New Changes to Employer Sponsored Visas

Effective 1st July 2024 In a bid to enhance labour market mobility and combat worker exploitation, the Australian Government has announced pivotal changes to several key visa conditions affecting temporary migrant workers.

These changes, set to take effect from 1 July 2024, will impact holders of the

• Temporary Work (Skilled) visa (Subclass 457),
• Temporary Skill Shortage visa (Subclass 482), and
• Skilled Employer Sponsored Regional (provisional) visa (Subclass 494).

Here’s a detailed overview of the changes:

Enhanced Flexibility for Employment Transitions :

One of the most significant updates is the extension of time granted to visa holders who cease employment with their sponsoring employer. Previously, these individuals had limited time to find new sponsorship or alternative visa arrangements. Under the new regulations, they will now have:

• Up to 180 days at a time to secure new sponsorship or make visa arrangements.
• A maximum of 365 days in total across their visa grant period to manage employment transitions without risking visa cancellation.

During this transition period, visa holders are permitted to work for other employers, even in occupations not covered by their initial sponsorship, provided such roles do not require specific licenses or registrations they do not possess.

Conditions During Employment Transition

While enjoying increased flexibility, visa holders must adhere to specific conditions:

• They must cease employment with their current sponsor before commencing work with a new employer, unless exempted.
• Throughout their employment with the initial sponsor, they must continue to work within their nominated occupation.
• They are prohibited from engaging in roles that require specific licenses or registrations unless duly qualified and compliant.

Responsibilities of Sponsors

Employers sponsoring visa holders are obligated to promptly inform the Department of Home Affairs of any changes in the visa holder’s employment status within 28 days. This includes instances of resignation or changes in sponsorship.

Applicability and Impact

These changes apply to both current visa holders and those granted visas on or after 1 July 2024. It’s important to note that any periods during which a visa holder ceased employment before this date will not count toward the new extended timeframes.

Benefits Across Visa Categories

• Temporary Work (Skilled) Visa (Subclass 457): Offers increased flexibility during employment transitions, reducing the immediate risk of visa cancellation due to job loss.
• Temporary Skill Shortage Visa (Subclass 482): Provides extended timeframes to secure new employment, thereby safeguarding the visa holder’s ability to sustain themselves while exploring alternative opportunities in Australia.
• Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494): Particularly benefits holders in regional areas by facilitating extended periods to secure regional sponsorships or explore alternative visa pathways, promoting stability and growth in regional communities.

Conclusion

The upcoming changes to visa conditions 8107, 8607, and 8608 signify a pivotal shift in Australia’s approach to temporary migration, emphasizing fairness, flexibility, and productivity.

These reforms aim to protect migrant workers from exploitation while empowering them with greater freedom to contribute meaningfully to the Australian economy. By fostering a more dynamic labour market, Australia seeks to attract and retain skilled talent essential for its continued growth and prosperity.

For those navigating these changes or seeking further clarification, consulting with a qualified migration agent is advisable to ensure compliance and maximize opportunities under the new regulations.

Book a Visa Consultation If you have questions or need assistance navigating these changes, our Registered Migration Agents are here to help.

Contact us today on 0415419414 to schedule a consultation and explore your visa options under the updated regulations or visit www.betterlifemigration.com.au

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