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Starting 1 July 2024, significant changes to visa conditions 8107, 8607, and 8608 will come into effect as part of the Australian Government’s Migration Strategy. These modifications aim to tackle worker exploitation and enhance productivity. Here’s an overview of the upcoming changes and their implications.

Overview of Current Visa Conditions

Visa Condition 8107 – Work Limitation

Visa holders under condition 8107 must work exclusively for their sponsoring employer in the position for which the visa was granted. They are not allowed to work for a different employer or in a different position or occupation, ensuring employment consistency with the visa’s purpose.

Visa Condition 8607 – Must Only Work in Nominated Occupation

For subclass 482 (Temporary Skill Shortage) visa holders, condition 8607 mandates working only in the occupation nominated in their most recent visa application. They must start work within 90 days of arriving in Australia or receiving their visa and must not have employment interrupted for more than 60 consecutive days unless specified exemptions apply.

Visa Condition 8608 – Must Work Only in Nominated Occupation

Similar to condition 8607, subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa holders must work only in their nominated occupation. They must begin work within 90 days of arriving in Australia or receiving their visa and must not stop working for more than 90 consecutive days without appropriate exemptions.

For more details on these visa conditions, visit the official Home Affairs website.

Key Changes Effective from 1 July 2024

Extended Timeframes for Finding New Employment

Visa holders who cease employment with their sponsoring employer will now have up to 180 days at a time, or a maximum of 365 days in total across the visa grant period, to find a new sponsor, apply for a different visa, or arrange to leave Australia. This change offers greater flexibility and support during transitional periods.

Flexibility to Work for Other Employers

During the allowed period, visa holders can work for other employers, including in occupations not listed in their most recent sponsorship nomination. This provision helps visa holders support themselves while seeking new sponsorship, reducing the risk of exploitation.

Sponsor Obligations

Sponsors must notify the Department of Home Affairs within 28 days of any changes in the visa holder’s employment situation, such as cessation of sponsorship or resignation. This ensures the department remains informed and can take appropriate action if necessary.

Licensing and Registration Compliance

Visa holders must comply with the licensing or registration requirements of their occupation. If a license, registration, or membership is mandatory, visa holders must obtain and maintain it. Failure to do so could result in the inability to perform their job legally.

Affected Visas

The changes specifically apply to holders of the following visas:

Temporary Work (Skilled) visa (subclass 457)
Temporary Skill Shortage visa (subclass 482)
Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)

Transitional and Additional Changes

These changes will apply to both existing visa holders and those granted a visa on or after 1 July 2024. Importantly, any periods during which a visa holder was not working for their sponsor before 1 July 2024 will not count towards the new time periods.

Additionally, starting from 23 November 2024, the work experience requirement for the Temporary Skill Shortage (subclass 482) visa will be reduced from two years to one year for all applicants. This adjustment is expected to increase the pool of eligible applicants, facilitating a more dynamic and flexible workforce in Australia.

Practical Implications for Visa Holders and Sponsors

Visa Holders

Plan job searches and transitions within the new timeframes.
Ensure compliance with licensing and registration requirements.
Understand the flexibility to work for other employers during transitional periods.

Conclusion

The changes to visa conditions 8107, 8607, and 8608 reflect the Australian Government’s commitment to improving labor market mobility, reducing worker exploitation, and driving productivity. By understanding and adapting to these new regulations, both visa holders and sponsors can navigate the changes effectively and continue contributing to Australia’s vibrant and diverse workforce.

For more detailed advice and assistance, contact Global Vision Migration. Saurabh Smar, an experienced immigration lawyer, and his team are here to help you understand these changes and ensure compliance with all new regulations.

Disclaimer: Not Legal Advice

The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.

Do not rely solely on the information presented here – but please book a consultation with us to see how this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.

Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.

Eligibility Criteria to Apply for TSS visa (subclass 482)

● An employment recorded on the Consolidated Skilled Occupation List.
● You have been officially recruited by an Australian employer to work for their company.
● You possess relevant skills and qualifications for the job position you have been assigned to.
● You should have at least two/ minimum two years of work experience

For certain industries, there are flexibilities for the applicants, where the work experience can be gained through/ is a part of the occupation. They include –

✔ Research for Master’s degree or PhD degree for medical and other research-based job positions.
✔ Medical/clinical internships or placements.
✔ Professional year programs.

Also, in certain highly skilled and relevant job positions, part-time works may be considered.

● You hold a vocational English language eligibility.
● You can have the DHA requirements for good character and fitness.
● In case, you hold a substantive visa or a bridging visa A, B, or C, or you have already met the terms with your visa state.

PS – There is no age limit for applying or acquiring a TSS subclass 482 visa.

Which requirements must the employers have to apply for a Temporary Skill Shortage visa (subclass 482)?

● The employer company must be a lawfully functioning business.
● The employer does not have any adverse information against them.
● The employer must nominate a job position for a foreign citizen who is to willingly work for them.
● The foreign worker must be hired for a full-time job position.
● A satisfied salary and employment conditions are offered to the employee.
● The employer can provide the evidence of Labour Market Testing if or when asked for it.

How to apply for a Temporary Skill Shortage visa (subclass 482)

Firstly, check if your job position is included on the Consolidated Skilled Occupation List.

Secondly, make sure you meet the below-mentioned eligibility requirements.
● You have proper knowledge of the English language.
● Make sure you meet the fitness and character requirements requisite for all Australian visa applicants.
● Arrange efficient health insurance (Condition 8601, Condition 8501) during your stay in Australia.

Thirdly, make sure your employer is willing to provide the sponsorship for you to work in Australia. The sponsor company can complete the process by filling the sponsorship application online through the DHA (Department of Home Affairs).
Then, ensure you have an employer nomination. After you find the employer make sure they nominate you for the Temporary Skill Shortage visa (subclass 482). The sponsorship application can be lodged through DHA official website.

Finally, apply for your Temporary Skill Shortage visa (subclass 482). You can apply for your TSS visa at the same time when the employer puts on the application to sponsor and nominate you.
And, wait to receive a reply. It generally takes about two to three weeks for DHA to make a decision.

What is Condition 8607 and how TSS visa is affected by it?

Under the Condition 8607 –
● An employee has to begin working within 90 days of his/her arrival in Australia after the visa is granted. For onshore applicants, the time period starts from the very day the visa application is granted.
● The employee has to work for the approved employee for a minimum of 60 days consecutively.
● Make sure you get a mandatory license, registration, or membership.

In case, the employee decides to quit working for the approved employer or wishes to change employment, he/she must lodge a new nomination and afterward, a new application. Also, the new employer would have to lodge a new sponsorship and nomination application.

Why approach Global Vision Migration for your TSS Visa?

If you are looking for a Migrant Agent in Melbourne Global Vision Migration is your ultimate destination. It is a one-stop platform that takes care of the whole visa application process. Not only in Melbourne but also Global Vision Migration stands as one of the leading migrant agents in Canberra. The platform is dedicated to assisting clients from all over the world. Global Vision Migration helps you throughout the process of getting a visa. To avoid the extra headache, get in touch with Global Vision Migration today.