For many skilled workers, the Subclass 482 visa (now under the Skills in Demand visa framework) is a key pathway to working in Australia. However, this visa comes with specific conditions that can significantly impact both the visa holder and their sponsoring employer if employment ends – whether through voluntary resignation, redundancy, or business’ layoffs.
In this newsletter, we’ll break down the legal responsibilities and available options for both parties when a 482 visa holder’s employment ends.
VISA HOLDER – Visa Condition 8607: Staying in the Nominated Occupation and Employment
Visa condition 8607 requires a Subclass 482 visa holder to:
- Work only in the nominated occupation and only for the sponsoring employer (except where specific exemptions apply, such as under a Labour Agreement or certain industrial relations provisions).
- Start work within 90 days of arrival in Australia (if granted offshore) or visa grant (if granted onshore).
- Not cease work for more than 180 consecutive day period, or a cumulative total of 365 days over the visa period.
This means that visa holders are permitted to:
- cease employment with their sponsor for 180 days at a time, or up to 365 days across the visa period; and
- work in any occupation with any other employer during this period.
However, if the visa holder exceeds the 180 day limit without securing a new sponsorship or visa, they will be in breach of visa condition 8607, which may lead to visa cancellation. Unless exempt, the visa holder must have ceased work with their sponsoring employer before working for another employer within this permitted timeframe.
Where a Subclass 482 visa holder can find another employer that is willing to sponsor them, the new employer can lodge a nomination transfer to transfer the sponsorship of their visa to their business. This would enable the visa holder not to be in breach of their visa conditions. The Department of Home Affairs has also confirmed that Subclass 482 visa holders are not expected to cease working for their prospective sponsor while awaiting the nomination transfer processing, even if the required timeframes have expired.
If a Subclass 482 visa holder cannot find another employer to sponsor within the permitted timeframe, they must:
- depart Australia, or
- apply for another visa.
SPONSORING EMPLOYER – Sponsor’s Obligation to Notify the Department
Sponsors are required by law to notify the Department of Home Affairs within 28 days of a sponsored worker ceasing employment. The notification must include when the visa holder’s employment ends or is expected to end.
Failure to notify may result in the sponsor breaching their sponsorship obligations, potentially triggering compliance action.
This notification obligation applies even if the employee resigns voluntarily or is terminated. Temporary lay-offs may also count as cessation if they extend beyond 60 consecutive days.
SPONSORING EMPLOYER – Refund of the Skilling Australians Fund (SAF) Levy
Generally, where a Subclass 482 nomination has been approved, the nomination fee is not refundable. In some cases of employment cessation, sponsors may be eligible for a refund of the unused years of the SAF levy.
A partial refund of the SAF levy may be approved if:
- the sponsored worker ceases employment within the first 12 months of employment;
- the visa period was for more than 12 months.
Refunds will only be available for unused full years of the SAF levy.
Whether you are the sponsoring employer or a Subclass 482 visa holder, if you’re uncertain about your rights and obligations following the end of your employment—or if you need guidance on your next steps – please don’t hesitate to contact us for immigration advice.
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.
