Changes to SC457/482/494 Visa Conditions 8107, 8607, and 8608 Effective from 1 July 2024
- MEA GROUP
- Jun 21, 2024
- 2 min read
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
This condition means that if you have been granted work rights in Australia, these work rights are subject to limitations. The condition allows you to be employed by a particular employer or undertake specific activities in Australia.
If you are working for a particular employer, you must:
Continue to be employed by that employer.
Not work for any other employer or work in any other position or occupation.
Not be self-employed.
Not undertake any work that is inconsistent with the purpose of the visa.
Hold a license, registration or membership if it is mandatory to perform the occupation for which you were nominated.
If you are allowed to undertake specific activities in Australia other than employment, you must:
Continue to undertake those activities.
Not undertake any activities that are inconsistent with the purpose of the visa.
Not be self-employed.
Not undertake work for another person that is inconsistent with the purpose of the visa.
8607 - Must only work in nominated occupation
This condition means that you must:
Work only in the occupation you were nominated for in your latest Subclass 482 (Temporary Skill Shortage) visa application.
Apply for and be granted a new Temporary Skill Shortage visa to work in a different occupation.
Start work within 90 days of arriving in Australia or receiving your visa.
Must not stop working for more than 60 consecutive days.
Unless an exemption applies, you can only work for:
the business that nominated you, if in the Labour agreement stream
the business that nominated you or an associated entity, if in Medium or Short-term stream and your sponsor is an Australian business
the business that nominated you, if your visa was granted in Medium or Short-term stream and your sponsor is an overseas business
Hold a license, registration or membership if it is mandatory to perform the occupation for which you were nominated.
You can work for other businesses if:
The occupation is specified by the minister in an instrument
You are serving a notice period as your employment ends.
However, if to change your employer, your new proposed employer must get a nomination approved before you can start work for them.
8608 - Must only work in nominated occupation
This condition means that you must:
Work only in the occupation you were nominated for in your latest Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa application.
Apply for and be granted a new Temporary Skill Shortage visa to work in a different occupation.
Start work within 90 days of arriving in Australia or receiving your visa.
Must not stop working for more than 90 consecutive days.
Unless an exemption applies, you can only work for:
the business that nominated you, if in the Labour agreement stream
the business that nominated you or an associated entity, if in Medium or Short-term stream and your sponsor is an Australian business
the business that nominated you, if your visa was granted in Medium or Short-term stream and your sponsor is an overseas business
Hold a license, registration or membership if it is mandatory to perform the occupation for which you were nominated.
You can work for other businesses if:
The occupation is specified by the minister in an instrument
You are serving a notice period as your employment ends.
However, if to change your employer, your new proposed employer must get a nomination approved before you can start work for them.
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.