When you are granted a visa for Australia, your Grant Notification will list the visa conditions applicable to you while you are holding that visa in Australia. It is important that you understand your visa conditions, as the Department of Home Affairs may cancel your visa if you breach them. For all primary subclass 482 Temporary Skill Shortage visa holders, condition 8607 will always apply.
Condition 8607 – Approved Work Only
Condition 8607 is a mandatory condition imposed on all primary visas granted under the Subclass 482 Temporary Skills Shortage (TSS) visa program. This condition limits the types of employment the visa holder can undertake.
Condition 8607 specifies that the visa holder must:
- only work in their nominated occupation for which they were granted the visa
- commence work within 90 days of visa grant (or visa arrival if outside Australia at the time of grant)
- not cease employment for more than 60 consecutive days; and
- maintain any mandatory licence, registration or membership for the nominated occupation
When should I start work?
If you were granted the TSS visa while you are in Australia, you will need to begin your employment 90 days after the date of visa grant. If you were granted the TSS visa while you are outside of Australia, you will need to begin your employment 90 days after your first date of arrival in Australia.
Who can I work for?
A primary TSS visa holder must work in a position in:
- Labour Agreement Stream: the business who nominated them in their most recently approved nomination.
- Medium or Short-term Stream with sponsorship from an Australian business: the business who nominated them in their most recently approved nomination or an associated entity.
- Medium or Short-term Stream with sponsorship from an Overseas business: the business who nominated the occupation in their most recently approved nomination
A primary TSS visa holder sponsored by an Australian business sponsor can work in a position in their nominated occupation for an associated entity of their sponsor without breaching condition 8607.
Can I change my occupation?
If a primary TTS visa holder wishes to engage in work in a different occupation, their current or proposed sponsor must first lodge a new nomination and have this approved. The visa holder must then lodge a new visa application identifying this nomination and have it granted.
Both the new nomination and new visa application must first be approved before commencing work in the new occupation.
What are the exempt occupations?
If your occupation is specified as an exempt occupation by the minister, you can work for other employers. A full list of the specified occupations can be found in the legislative instrument here. It includes occupations such as Chief Executive or Managing Director, Resident Medical Officer, Cardiologist, Ophthalmologists, Emergency Medicine Specialist, and Medical Practitioners (nec).
If you have an exempt occupation:
- You can change employers without needing a new nomination, as long as you stay within the same occupation and your visa remains valid
- Your original sponsor retains certain responsibilities until you are re-nominated by a new sponsor or your visa ceases to be in effect
What happens if I am promoted?
If you are temporarily given other duties, you may not be in breach of the condition. Under policy, a temporary change of duties is allowed as long as it does not exceed 60 consecutive days. However, if the promotion results in a change of duties that exceeds 60 days, this would be considered a change in occupation. The same procedure as above will need to be followed.
What if I want to leave my job or change employers?
Condition 8607 means that if you, as a subclass 482 visa holder, were to leave your current sponsoring employer, you have only 60 consecutive days to find a new sponsor for a job in your nominated occupation. If you were to cease employment for more than 60 consecutive days, you would be in breach of condition 8607 and your subclass 482 visa may be subject to cancellation.
If you wish to change employers during their visa period, you cannot do so until a favourable decision is made on a new nomination lodged by your (new) proposed employer. A new visa application is not required. A visa holder who commences work for a new employer before the nomination is approved will be in breach of visa condition 8607.
What happens if my employer undergoes a restructure?
In cases where the sponsor’s business arrangements change, the 482 visa holder may end up working for a new employer. You may be considered working for a new employee if a sponsor is acquired by another business with a different ABN or is amalgamated into a business, adopting either the subsuming business’ ABN or retaining the existing ABN.
The primary consideration is whether the legal entity that the 482 visa holder is working for has changed. Policy also provides that a change in ABN is relevant, but is not the sole factor, in determining whether the 482 visa holder is working for a different legal entity from that listed in the most recently approved nomination.
A breach of condition 8607 may occur if the TSS visa holder is technically not working for the sponsor listed on the most recently approved nomination and is working for a business that has become a different legal entity.
Concluding thoughts
Condition 8607 is imposed on all primary subclass 482 TSS visa holders in Australia. Understanding the nuances of Condition 8607 is paramount, as any breach could lead to visa cancellation. Whether considering a change in occupation, undergoing a temporary change of duties, or facing employer restructuring, careful adherence to the outlined procedures is essential.
Therefore, visa holders are urged to stay informed about their visa conditions, seek necessary approvals for changes in employment circumstances, and promptly address any potential breaches to ensure a smooth and lawful experience during their stay in Australia.
Remember, Migration Affairs is here to support you. Contact our immigration experts for personalised advice on your circumstances and eligibility.
Your success in this journey is our success.
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.
