The Australian Government announced that from 1 July 2024 changes would be made to transfer of sponsorship arrangements for overseas employees holding certain temporary work visas to enable greater labour market mobility.
The new transfer of sponsorship provisions will affect the following visa subclasses:
- Temporary Skill Shortage visa (subclass 482)
- Skilled Employer Sponsored Regional (provisional) visa (subclass 494)
- Temporary Work (Skilled) visa (subclass 457)
From 1 July 2024, visa conditions 8107, 8607 and 8608 are changing in a manner which will allow for extended time to find a new sponsor and freedom to find other employment.
Key Changes to Transfer of Sponsorship Conditions and Cessation of Sponsorship of Temporary Visa Holders
From 1 July 2024, holders of the above visas will have greater flexibility in transferring employers in the following way:
- Where their employment ceases with their sponsor, they will be provided with:
- 180 days to find a new sponsoring employer, which has increased from the current 60 days.
- A maximum of 365 days in total across the entire visa grant period to hold their temporary work visa after ceasing work for their sponsor.
- During the 180 day period, visa holders can work for other employers, which the Australian Department of Home Affairs (DHA) has stated includes work in occupations not listed in their most recently approved sponsorship nomination. This is intended to ensure that visa holders can support themselves while they look for a new sponsor.
- Unless exempt, a visa holder cannot work for another employer unless they have ceased work with their sponsoring employer.
Sponsorship Conditions Remaining Unchanged
- Visa holders must remain in their nominated occupation while working for their existing sponsor.
- Sponsors must still inform the DHA within 28 days if the organisation ceases sponsoring a visa holder or the visa holder resigns.
- Visa holders must not do any work that is inconsistent with any licence or registration needed for their nominated occupation.
For advice regarding Australian visas and sponsoring skilled overseas workers, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.
Disclaimer:
The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.