Australia Eases Job & Sponsorship Changes for Skilled Migrants
Australia extends the grace period for temporary migrant workers to find new jobs from 60 to 180 days, providing greater flexibility and security during employment transitions. Temporary Work Visa holders can now explore diverse job opportunities within an extended period.
The Australian government has announced significant changes to the rules for temporary migrant workers seeking new employment. This development provides substantial relief to migrant employees, extending the grace period for sponsored workers from 60 to 180 days after ceasing employment before they risk breaching their visa conditions.
Additionally, there is a maximum limit of 365 days across the entire visa grant period during which workers can engage in any occupation within reason without breaching their visa conditions, even if they are not working in their last approved occupation.
Extended Time to Find New Employment
Temporary Work (Skilled) visa (subclass 457), Temporary Skill Shortage visa (subclass 482), and Skilled Employer Sponsored Regional visa (subclass 494) holders now have up to 180 days at a time, or a maximum of 365 days in total during the visa grant period, to secure new sponsorship, apply for a different visa, or make arrangements to leave Australia. This change aims to alleviate the pressure on visa holders who face abrupt job loss.
Flexibility in Employment
During the grace period, visa holders can work for other employers in different occupations, provided they do not require specific licences or registrations that the visa holders do not possess. This flexibility allows migrant workers to explore various employment opportunities without immediately breaching their visa conditions.
Employment Conditions
Visa holders must stop working with their current sponsoring employer before starting with a new one unless exempt. While working with their existing sponsor, they must remain in their nominated occupation and comply with any licensing and registration requirements. Sponsors must notify the Department of Home Affairs within 28 days of any employment changes for visa holders, including resignations or changes in sponsorship status.
Impact on Visa Holders
Temporary Work (Skilled) Visa (Subclass 457): Visa holders benefit from increased flexibility in employment transitions, enabling them to seek new sponsorship or other visa options without the immediate threat of visa cancellation due to unemployment.
Temporary Skill Shortage Visa (Subclass 482): The extended period to find new employment mitigates risks associated with sudden job loss and ensures continued support while exploring new opportunities within Australia.
Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494): Visa holders in regional areas will particularly benefit, with ample opportunity to secure new sponsorship within their region or apply for different visa pathways, promoting regional development and stability.
Details of Key Visa Programs
Temporary Skill Shortage Visa (Subclass 482): This temporary visa allows employers to sponsor skilled workers for positions they cannot fill with Australian workers.
- Stay: Up to 2 years or up to 4 years if an International Trade Obligation (ITO) applies; Hong Kong passport holders may stay up to 5 years.
- Cost: From A$1,495
- Eligibility: Nomination by an approved sponsor, suitable skills for the job, and meeting English language requirements.
Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494): This visa has three streams:
- Employer Sponsored Stream: Enables regional employers to address labour shortages by sponsoring skilled workers.
- Stay: 5 years
- Cost: From A$4,770
- Labour Agreement Stream: For skilled workers nominated by employers with a labour agreement with the Australian government.
- Stay: 5 years
- Cost: From A$4,770
- Subsequent Entrant: For family members of SESR visa holders applying separately to join the primary visa holder.
- Stay: Up to 5 years
- Cost: From A$4,770
These changes, introduced as part of the Australian Government’s Migration Strategy, are reflected in amendments to visa conditions 8107, 8607, and 8608. They aim to provide greater flexibility and security for temporary migrant workers navigating employment transitions in Australia.
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