Changes to Visa Conditions
Changes to visa conditions 8107, 8607 and 8608 were announced on 21 June 2024. These changes will come into force form 1 July 2024 and are being made in line with the Australian Government’s Migration Strategy.
Focus on Labour Market Mobility
With a focus on tackling worker exploitation and driving productivity, the Australian Government aims to support labour market mobility for the following visa holders:
- Temporary Work (Skilled) visa (subclass 457)
- Temporary Skill Shortage visa (subclass 482)
- Skilled Employer Sponsored Regional (provisional) visa (subclass 494).
The 8107 work limitation requires the visa holder to be employed by a particular employer, or to undertake specific activities in Australia.
The 8607 nominated occupation limitation requires the visa holder to only work in the occupation nominated in their most recent Subclass 482 (Temporary Skill Shortage) visa application.
The 8608 nominated occupation limitation requires the visa holder work only in the occupation nominated in their most recent Subclass 494 (Skilled Employer Sponsored Regional (Provisional) visa application.
Overview of Key Changes
Under the new changes, visa holders who stop working with their sponsoring employer will have more time to either find a new sponsor, apply for a different visa, or arrange to leave Australia. Visa holders will have up to 180 days at a time, or a maximum of 365 days in total across the entire visa grant period.
Flexibility for Visa Holders
During this time, visa holders can work for other employers, including work in occupations not listed in their most recently approved sponsorship nomination. This allows visa holders to support themselves financially while they find a new sponsor, and provides employers with the flexibility to offer short-term contracts as a trial before offering sponsorship. However, this only applies to visa holders who have ceased working for their sponsoring employers. If visa holders are still working for their sponsoring employers, they must continue to work in their approved nominated occupation and only complete work that is consistent with the licencing or registration requirements for their occupation, unless they have been given an exemption.
Application of Changes
These changes will apply to existing visa holders and individuals who are granted a visa on or after 1 July 2024. Any periods when a visa holder stopped working for their sponsor before 1 July 2024 will not count towards the new time periods.
