Visa Conditions 8107, 8607 and 8608 are Changing

The Australian Government has recently announced significant updates to visa conditions 8107, 8607, and 8608 as part of its Migration Strategy, which will impact holders of the following visas: Temporary Skill Shortage (subclass 482) visa, Temporary Work (Skilled) (subclass 457) visa, Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa.

These changes aim to support temporary migrants on employer-sponsored visas, ensuring greater flexibility and security in the labor market.

Extended Time to Find New Employment

One of the most impactful changes is the extension of time given to visa holders to find new employment if they cease working with their current sponsoring employer. Under the new conditions:

• Visa holders can stop working with their sponsor for up to 180 days at a time or a maximum of 365 days across their visa period.
• This extension provides ample time for visa holders to find a new sponsor, apply for a different visa, or make arrangements to leave Australia.

Increased Flexibility in Employment

The updated conditions also allow greater flexibility for visa holders seeking new employment. Now, visa holders can:

• Work for other employers and in different occupations after ceasing work with their sponsoring employer.
• Support themselves financially during the job search period.

However, it is essential to note that visa holders must continue working in their nominated occupation with their current sponsor until they officially cease employment.

Specific Visa Conditions

The changes apply to the following visas:

1.  Temporary Work (Skilled) Visa (subclass 457)
   • Previous: Could not cease employment for more than 60 consecutive days.
   • New: Can cease employment for up to 180 days at a time or 365 days in total.

2. Temporary Skill Shortage Visa (subclass 482)
   • Previous: Could not cease employment for more than 60 consecutive days.
   • New: Similar to subclass 457, with added flexibility to work in any occupation post-employment termination.

3. Skilled Employer Sponsored Regional (Provisional) Visa (subclass 494)
   • Previous: Could not cease employment for more than 90 consecutive days.
   • New: Aligned with the 180/365 days rule, offering the same employment flexibility.

Sponsors’ Obligations

Sponsors must notify the Department of Home Affairs within 28 days if:

• They cease sponsoring the visa holder.
• The visa holder resigns from their role.

Conclusion:

These changes are designed to reduce worker exploitation and provide a fairer system for temporary migrants. By extending the time to find new employment and allowing flexibility in job roles, the amendments aim to reduce worry among visa holders and support them financially during transitional periods.

Amitava Deb

• Amitava is a gold medallist from India’s premier technical institute, IIT Kharagpur.
• He has worked with some of the world’s top companies such as Sony Australia Pty. Ltd., Siemens AG Germany, Clarity International Ltd., Reliance Communications and Optus Sydney.
• Amitava is a Chartered Professional Engineer accredited by Engineers Australia. He is a full member of this esteemed association.
• He is a member of the Australian Computer Society, Tele Management Forum and Worldwide Institute of Software Architects.
• Amitava is a well-recognised name in the ICT Professional Community in Australia.