With the harrowing effects of the coronavirus pandemic, many of us have experienced that our job situation has changed. In fact, this pandemic has hit the employment sector of Australia the hardest, with thousands losing their jobs or having their hours reduced. If you were sponsored or nominated by your current employer, state or territory government or relative and your job situation has changed, outlined below are some important facts that you need to be aware of.
1. Temporary Work (Short Stay Specialist) visa (subclass 400), Temporary Work (Training and Research) visa (subclass 402), Temporary Work (International Relations) visa (subclass 403), Temporary Work (Training) visa (subclass 407)
You will first need to check your Visa Entitlement Verification Online (VEVO) to see your visa details and conditions. And, if you stop working for your sponsor, you must take one of these actions within 60 days:
- find another employer to sponsor you (it must first approved by the Department before you can start working for them)
- be granted a different visa
- leave Australia
(You will have 90 days to do this if we granted your visa on or before 19 November 2016.) The Department may send you a Notice of Intent to Consider Cancellation if you have stopped work if the Department finds that you have breached your visa conditions
2. Temporary Work (Activity) visa (subclass 408)
If the employer who sponsored your visa no longer has a job for you, then you must take one of these actions:
- find another organisation to sponsor you, and apply for a new visa
- find another organisation or person to support you, and apply for a new visa
- apply for a different visa (if you can)
- leave Australia within 28 days (or sooner if your visa ends before the 28 days have passed)
3. Temporary Work (Skilled) visa (subclass 457)
If you are the primary visa holder, you can change jobs or do a different job while you still hold a valid 457 visa.You do not need to apply for a new subclass 457 visa. Your sponsor must lodge a new nomination and the Department must approve it before you can start working for the new sponsor or in the new role. However, if you stop working for your sponsor, you must take one of these actions within 60 days:
- find a new employer to sponsor you and lodge a new nomination (approved by us before you can start working for them)
- be granted a different visa
- leave Australia
(You will have 90 days to do this if we granted your visa on or before 19 November 2016.)If your new nomination is approved, as the 457 visa holder, you may need to keep working for your past sponsor for a short time. Australia's industrial relations law obliges you to give the right amount of notice to your employer. This will not be considered a breach of condition 8107 if you are meeting the requirements of the law.
4. Temporary Work (Skilled Recognition Graduate) visa (subclass 476)
If you have a 476 visa, you do not need a sponsor. You can work for anyone anywhere in Australia. You do not need to tell us about changes to your job situation.
5. Temporary Work (Skilled Regional [Provisional]) visa (subclass 489)
You will also need to check your Visa Entitlement Verification Online (VEVO) to see your visa details and conditions. You can usually only work 6 months with one employer.
6.Permanent Work (Regional Sponsor Migration Scheme) visa (subclass 187)
You need to work for at least 2 years with a Regional Sponsored Migration visa. You must carry out the agreement you made when your employer nominated you for the visa. If you do not meet the agreement,your visa may be cancelled. You must always let the Department know of any changes!
7. Permanent Work (Skilled Nominated) visa (subclass 190) and Permanent Work (Skilled Regional) visa (subclass 887)
Like the subclass above, you must carry out the agreement you made when your employer nominated you for the visa. If you do not meet the agreement, your visa may also be cancelled. If you don’t inform the Department online, you can print and complete Form 1022 Notification of changes in circumstances. You can scan and email, or post, your completed form to the same place that assessed your application. Check that you have signed it first. For the subclass 190 visa, if you want to move interstate, ask the person or organisation who nominated you for a 'release notice'. A release notice will let you work in another state or territory.
8. Temporary Work (Temporary Skill Shortage visa) (subclass 482)
As the primary visa holder, if you want to change jobs or do a different job while you still hold a valid Temporary Skill shortage visa (subclass 482) your employer must submit a new nomination and you must apply for a new visa. Like all others, the Department must first approve the nomination and your visa must be granted before you can start working for the new sponsor or in the new role.
If you stop working for your sponsor, you must take one of these actions within 60 days:
- find a new employer to sponsor you and lodge a new nomination (approved by us before you can start working for them)
- be granted a different visa
- leave Australia
If you are not the primary visa holder, you will not have condition 8607 (Must only work in the nominated occupation) on your visa. Therefore, you do not need to have a sponsor to work and so you do not need to notify the Department if you change jobs or roles. If the Department approves your new nomination and visa, as the 482 visa holder, like the subclass 457 visa. You may need to keep working for your past sponsor for a short time and this will not be seen as a breach of condition 8607.
Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to know more about what to do and your work rights and responsibilities as a temporary or permanent visa holder in Australia, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
