In the previous two issues I explained 【Can a self-employed person be employer-sponsored?】 and 【Does employer sponsorship really not require a skills assessment?】 — both are questions we are constantly asked in consultations.

Today I want to walk through another common question: changing employers while on an employer-sponsored visa。

This question comes up most often in relation to the lowest-threshold option, Subclass 482 enquiries, because the Subclass 482 is a two-step pathway: you first obtain a temporary work visa, and — after working for your sponsor for 3 years (this will later be reduced to 2 years) and meeting the other requirements — you transition to a permanent residency visa

For more on the Subclass 482, see: No more waiting year after year for quotas and openings, no points race, low English requirements, and fast processing for every occupation — it’s time to get to know this migration pathway!

As a result, many people worry: “Am I tied to my employer for years?”，“Does this mean I can’t change employers?”“If my sponsor goes under, is my visa/migration completely finished?” “If I’m treated unfairly, do I just have to put up with it for the sake of the visa?”

So, can you change employers on a Subclass 482?

The short answer: Yes — but it isn’t straightforward。

Condition 8607

First, a Subclass 482 visa holder unless an exemption applies may only work for their nominating employer or an associated entity of that employer。. This is the Condition 8607 of the migration legislation that every Subclass 482 holder must comply with.

If you genuinely need to change, how do you do it?

But this doesn’t mean changing employers is impossible. In reality, unexpected situations always arise — for example, your sponsor closes down, or you are made redundant — and you can change employers, though the process is relatively involved.

Under visa Condition 8607, if a visa holder stops working for their nominating employer for more than 60 days, and the employer reports the cessation of employment to the Department, then unless the visa holder is able to, within 60 days of ceasing work for their former nominating employer, find a new employer and lodge a fresh nomination application, the Subclass 482 visa will be at risk of cancellation。

Note: the 60-day period here is set by visa Condition 8607. Former Minister for Immigration Andrew Giles previously noted, in a reform proposal, that he wished to extend the period during which a TSS holder may lawfully hold a Subclass 482 without an employer from 60 days to 6 months (see below), and the Department has now listed this reform as a priority. We’ll be watching closely for these changes to come into effect.

If a Subclass 482 holder wishes to change employers of their own accord, the new employer must lodge a fresh Subclass 482 nomination, and the applicant cannot work for the new employer until that new nomination is approved. So if an applicant wishes to leave their job early while waiting for the new nomination, that waiting period likewise cannot exceed 60 days.

Only once the new nomination is approved can the Subclass 482 holder begin working for the new employer. After the new nomination is approved, if you currently hold a valid Subclass 482 visa, you do not need to apply for a new visa — your existing Subclass 482 visa will simply be linked to the new nomination.The exception is where your Subclass 482 visa is due to expire within a few months and the remaining validity is too short to support your employment with the new employer.

If you have 3 years’ work experience at the time of changing employers,

can you apply for permanent residency directly?

The reason this question arises is a particular scenario: many Subclass 482 holders in medium- and long-term list occupations still have 2–3 years before their Subclass 482 visa expires, yet by the time they plan to change employers they already meet the 3-year full-time work-experience requirement for the Subclass 186 permanent residency visa.

So in this situation, should the new employer lodge a Subclass 482 nomination or a Subclass 186 nomination for them?

Because the Department currently states officially that 75% of nomination applications under the Subclass 186 Direct Entry (DE) stream take 11 months to finalise. Based on our own clients’ cases, processing is currently up to applications lodged around October/November 2022, so it works out to roughly 10–11 months.

If the new employer lodges a Subclass 186 DE nomination, then because the holder is bound by Condition 8607 of the Subclass 482 visa, they will not be able to work for the new employer until the Subclass 186 nomination is approved.

This creates a gap of several months during which they cannot work for the new employer, which also makes it harder to demonstrate the new employer’s genuine need for the nominated position. For this reason, we do not recommend lodging a Subclass 186 DE nomination directly.Instead, the new employer should lodge a Subclass 482 nomination and take over the sponsorship as quickly as possible. This lets you start working for the new employer sooner, makes for a smoother handover between the old and new roles, and gives you ample time to arrange your notice period.

In addition, where changing employers on a Subclass 482 involves only lodging a nomination application, processing is very fast — it is usually approved within 1–2 weeks — though of course the new employer must also meet the other sponsorship eligibility requirements.

Which occupations are exempt?

Now let’s return to what we mentioned at the outset: which occupations are exempt?

For the specified exempt occupations， below, the visa holder is not required to work for the sponsor or an associated entity, so TSS holders in these occupations can be engaged by the sponsor as an “independent contractor”， and can work for several employers at the same time, with no need for a fresh nomination when changing employers。

What if the employer itself changes?

If the employer (sponsor) changes its business arrangements, business name or structure, does this count as changing to a new employer?

If the ABN does not change, so that the sponsor’s legal entity remains the same, this can still be treated as continuing to work for the original employer and does not breach Condition 8607.

Where it involves a restructure, merger or acquisition, the ownership of the business changes, and the ABN changes accordingly. In that case, even if the Subclass 482 holder continues in the same role, they may sign a new employment contract with the new entity, in which case the new entity needs to lodge a fresh Subclass 482 nomination application early on to ensure the Subclass 482 employee can continue to carry out the duties and tasks of the role seamlessly.

That’s all for today — we hope your work and your visa both go smoothly. If you’d like a detailed professional assessment and advice on employer sponsorship, get in touch with our consultants below and we’ll arrange it for you!

Catch Up on Past Articles

Today! On 4 September, MINT’s first wave of 50 applicants get their principal and interest back!

Offshore stream: popular occupations can apply for the Subclass 190 with just 75 points! Onshore stream requirements lowered too!

Not subject to annual financial-year caps — visa processing may speed up noticeably from here!

Migration News Group

2023

Step 1: Press and hold to add our consultant

Step 2: After adding, please

Study · Migration · Visas — We Are the Experts

Attention！Please verify a genuine Newstarsec consultant!

Study & Migration Enquiries Consultants Nationwide

Sydney (Head Office)

Melbourne

Canberra

Brisbane

Adelaide

Hobart

Beijing

Guangzhou

Perth

Next Office

Follow the Newstarsec Official Account

Reply on our Official Account with one of the numbers below or any keyword (not in the comments at the bottom of the article) to get the most timely and professional migration news!Reply 【A】 to view the directory (covering every topic)!

Reply: 0000 → View the 16 November policy update (Subclass 491 + skilled migration points)

Changing Employers on a Subclass 482 Visa: Will It Affect Your PR? Can You Switch Jobs? What If the Sponsor Closes or Restructures?

Today! On 4 September, MINT’s first wave of 50 applicants get their principal and interest back!

Offshore stream: popular occupations can apply for the Subclass 190 with just 75 points! Onshore stream requirements lowered too!

Not subject to annual financial-year caps — visa processing may speed up noticeably from here!

Quick Links

Popular Services

Our Branding Offices

Follow Us