The Skills in Demand (SID) (subclass 482) visa plays a key role in enabling Australian businesses to fill genuine labour shortages with skilled overseas workers. If you are an Australian business looking to sponsor a worker who already holds a subclass 482 visa, there are specific rules you need to understand—particularly regarding Condition 8607, the 180-day grace period, and whether a new visa application is required.

Understanding Condition 8607

Holders of an SID subclass 482 visa are subject to visa condition 8607, which restricts them to working only in the occupation they were nominated for and only for their sponsoring employer, unless they cease working for their sponsor. (See below regarding the new 180 day grace period.) If the visa holder wishes to change employers, the new employer must lodge a nomination to sponsor them  before the employee can commence work with the new business.

If the employee is not changing their nominated occupation, a new visa application is not required. Only a new nomination by the new sponsoring employer is necessary. The Department of Home Affairs will assess the new nomination to ensure that:

• The position is genuine
• The terms and conditions of employment are no less favourable than those provided to Australian workers
• The salary is above the Core Skills Income Threshold (CSIT) and meets market salary rate requirements for that occupation
• Labour market testing (if required) has been undertaken

What Happens If the Occupation Changes?

If the proposed employment involves a different occupation to the one the visa was originally granted for, then the worker must apply for a new SID subclass 482 visa. The occupation must be on the relevant Skilled Occupation List for a Core Skills visa, and the standard visa application process will apply, including satisfying skills and English language requirements.

The 180-Day Rule: Flexibility in Transitions

In recent reforms to the SID subclass 482 program, visa holders now have up to 180 days (previously 60 days) to find a new sponsor if they cease working for their original sponsor. During this time, the visa holder can remain in Australia lawfully and work for another employer.

Importantly, if your business is considering sponsoring a subclass 482 visa holder who is currently between sponsors, the employee is now able to commence work for your company before the nomination has been approved.

Key Takeaways for Employers

• You can sponsor a subclass 482 visa holder already in Australia, and under the condition 8607 reforms, they can now commence employment with you prior to the lodgement and approval of the nomination application.
• No new visa application is needed if the employee will be working in the same occupation.
• If the occupation is changing, a new visa application is required.
• Visa holders have up to 180 days to transition between sponsors without breaching visa conditions.

How We Can Help

At Hartman Immigration, we assist Australian employers through the full spectrum of subclass 482 sponsorship, from nomination preparation to compliance advice. If you’re looking to onboard a skilled overseas worker who already holds a subclass 482 visa, we can guide you through the process to ensure it’s as fast as possible, compliant, and streamlined.

Contact us today to discuss how we can assist your business with seamless employee sponsorship transitions.