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Changes to SC457/482/494 Visa Conditions 8107, 8607, and 8608 Effective from 1 July 2024

employers working

Starting 1 July 2024, the Australian Government will implement changes to visa conditions 8107, 8607, and 8608 as part of its Migration Strategy. These updates aim to combat worker exploitation and enhance productivity.


Original visa conditions

8107 - Work limitation

8607 - Must only work in nominated occupation

8608 - Must only work in nominated occupation


Enhanced Labour Market Mobility for Temporary Migrants

The changes will benefit temporary migrants holding the following visas:


  • Temporary Work (Skilled) visa (subclass 457)

  • Temporary Skill Shortage visa (subclass 482)

  • Skilled Employer Sponsored Regional (provisional) visa (subclass 494)


Extended Transition Periods

Visa holders who leave their sponsoring employer will now have extended periods to secure a new sponsor, apply for a different visa, or arrange to leave Australia. Specifically, visa holders will have up to:


  • 180 days at a time (Extended from 60 and 90consecutive days), or

  • A maximum of 365 days in total over the entire visa period.


During these periods, visa holders are permitted to work for other employers, including in occupations not listed in their most recent sponsorship nomination. This flexibility ensures that visa holders can support themselves while searching for a new sponsor.


Conditions and Restrictions

  • Visa holders, unless exempt, cannot work for another employer until they have ceased working with their sponsoring employer.

  • While working for their existing sponsor, visa holders must stay within their nominated occupation.

  • Sponsors are required to notify the department of any changes in the employment situation within 28 days, including cessation of sponsorship or if a visa holder resigns.


Compliance Requirements

Visa holders must not engage in any work that is inconsistent with any required licenses or registrations for their nominated occupation, including any conditions or requirements attached to such licenses or registrations.


Applicability

These changes will apply to both current visa holders and those granted a visa on or after 1 July 2024. Any periods during which a visa holder was not working for their sponsor before 1 July 2024 will not be counted towards the new time limits.


For more information or to plan your migration, schedule a consultation with our team today.



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