In March 2018 the Temporary Skill Shortage [TSS Visa] [Subclass 482] came into effect replacing the previous subclass 457. The subclass 482 includes a mandatory condition 8607, which requires the holder to be employed in a nominated occupation.
Condition 8607 has 4 parts to be aware of:
1. The Visa holder must only work in the nominated occupation in which they were granted their visa.
For the short or medium term, the Visa holder must only work in their nominated occupation for the sponsoring employer or any associated entity.
There are some exemptions that do apply to specific occupations namely, managing director, general manager, chief executive, and other medical occupations. In the case of an overseas business-sponsored or a sponsor under the labor agreement stream, the visa holder must only work for their sponsoring employer.
If the visa holder wishes to change their occupation, generally a new subclass 482 Visa application is required to do so. Once, a new subclass 482 Visa has been granted, the applicant can end any contractual obligation with the previous employer.
2. The Visa holder must commence work within 90 days the day visa being granted or from when they arrived in Australia whichever is the latest.
If the visa holder is outside Australia at the time of the Visa grant, they are required to start work with the relevant employer in the nominated occupation within the required 90 days. When the visa holder is outside Australia the applicant must commence their work within 90 days upon arrival their in Australia. The Sponsoring Employer is required is under active obligation to advise the Department of Foreign Affairs if the subclass 482 Visa holder does not commence work within the required time limit.
3. The Visa holder must not end employment or suspend employment for more than 60 consecutive days.
If the visa holder’s Sponsoring Employer decides either unilaterally or by agreement to terminate the employment contract, the subclass 482 visa holder, will need to find another employer within the mandated period of 60 days. Alternatively, they will need to arrange for another visa or leave Australia within 60 days of their end date. In some cases, 90 days are allowed.
An extended period of unpaid leave may be taken with the original sponsoring employer. This may be permitted for compelling in compassionate circumstances or exceptional circumstances. Some examples of these are: leave for study, sabbatical leave, recreational holiday leave with no pay, sick leave without pay, or maternity, paternity, or care leave.
4. The Visa holder must obtain and hold any relevant and necessary work-related licenses, registrations, and memberships.
The subclass 482 visa holder must acquire and hold any required and relevant licenses, registration, and memberships to perform the task under their nominated occupation in the jurisdiction of their employment within the following time frame. It is a requirement to inform immigration in writing if an application for a license or registration is rejected, revoked, or canceled.
The process of migrating to Australia can take up to around a year. The earlier you start, the easier the process. Summit Migration has extensive experience in applying for subclass 482. Consulting a registered migration agent is a valuable decision to help you in this process. You may contact Summit Migration to talk with a registered migration agent today. One of our registered migration agents can conduct a full assessment and advise which visa pathway is best suited for you.
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