Can You Change Employers on a 482 Visa?

By Timea Pocze-Graf, Registered Migration Agent – Emigrate to Australia

If you hold an Australian Skills in Demand (subclass 482) visa and are considering changing jobs, one of the first questions you may have is: Can I change employers without applying for an entirely new visa?

In many circumstances, the answer is yes – but the process needs to be handled correctly.

A subclass 482 visa is an employer-sponsored visa. Visa holders are generally required to work in their nominated occupation for their sponsoring employer or an associated entity, unless an exemption applies.

Changing employer can therefore affect your immigration status, your work rights and potentially your longer-term pathway to Australian permanent residency.

Before resigning or commencing employment with another business, it is important to understand exactly what needs to happen in your individual circumstances.

How Do You Change Employers on a 482 Visa?

If another Australian employer wants to employ you, the new employer will generally need to meet the relevant sponsorship requirements and lodge a new nomination for your position.

If the employer is not already an approved sponsor, it may also need to become one. Home Affairs confirms that a Standard Business Sponsor can sponsor workers under the Skills in Demand subclass 482 program.

Whether you also need to lodge a new subclass 482 visa application will depend on the circumstances.

For example, further visa action may be required where:

• you are changing occupation;
• the duties of the proposed position are materially different;
• your existing visa is approaching expiry;
• the new employment falls under a different sponsorship or Labour Agreement arrangement; or
• your existing visa cannot support the proposed employment arrangement.

This is why it is important to review both your current visa grant and conditions and the proposed new position before making the move.

What If You Are Changing Occupation as Well as Employer?

Changing employer and changing occupation are two different things.

If you remain in the same nominated occupation but move to another employer, it may be possible for the new employer to nominate you without you needing an entirely new visa immediately, depending on your circumstances.

However, if your new position involves a different occupation or substantially different duties, the requirements can be different and a new visa application may be necessary.

Occupation eligibility should also be checked again when circumstances change. Home Affairs specifically notes that existing skilled visa holders may be affected by changes to occupation eligibility if they change their occupation or employer and a new nomination is required.

Never assume that a different job title is acceptable simply because the role appears similar to your existing employment.

What Happens If You Leave Your Current Employer?

The rules provide greater mobility for sponsored workers than under previous arrangements.

A subclass 482 visa holder who stops working for their sponsor can generally have up to 180 consecutive days at a time, subject to an overall maximum period under the relevant visa condition, to make arrangements concerning their immigration status.

This period can provide time to find another sponsor, pursue another appropriate visa pathway or make arrangements to leave Australia.

However, the 180-day provision should not be treated as an automatic visa extension.

Your visa still has its original expiry date, and your individual visa conditions continue to matter.

If you have resigned, been made redundant or had your employment terminated, I recommend obtaining advice promptly rather than waiting until the end of the available period.

You should also check your current visa and conditions through VEVO, which provides information about the visa currently in effect, its expiry date and applicable conditions.

Can You Work While Looking for Another Sponsor?

One significant feature of the current arrangements is that eligible sponsored workers may have greater flexibility during periods when they have ceased employment with their sponsoring employer.

However, the precise work rights available during this period depend on the conditions attached to the particular visa.

This is therefore an area where I would strongly recommend checking your individual visa grant and VEVO conditions before commencing any work for another employer.

Working contrary to your visa conditions can create serious immigration consequences.

Home Affairs also makes clear that migrant workers must comply with their visa work conditions, while employers cannot themselves cancel a worker’s visa – only the Australian Government can make decisions concerning visa cancellation.

Does the New Employer Need to Sponsor You?

In most cases where you intend to continue your longer-term employment under the subclass 482 program, the new employer will need to participate in the appropriate sponsorship and nomination process.

If the business is not already an approved sponsor, it may need to apply to become one.

The employer will also need to ensure that the position meets the relevant requirements, which can include matters such as:

• occupation eligibility;
• the duties of the position;
• salary and employment conditions;
• market salary requirements;
• Labour Market Testing, where applicable; and
• the business’s eligibility to sponsor overseas workers.

Home Affairs confirms that some sponsored visa pathways require employers to test the Australian labour market before hiring an overseas worker, unless an exemption applies.

What About Labour Agreement 482 Visas?

Additional care should be taken if your current 482 visa was granted under a Labour Agreement.

Labour Agreements are arrangements between the Australian Government and employers or industries that allow sponsorship in circumstances where standard visa programs may not be available. They may contain specific occupation requirements, concessions or other conditions.

Moving from a Labour Agreement employer to another employer can therefore be more complicated than simply transferring your existing sponsorship.

The proposed new employer’s sponsorship arrangements and the visa requirements should be reviewed before making any decisions.

Could Changing Employer Affect Your Permanent Residency?

Potentially, yes.

For many 482 holders, the longer-term objective is permanent residency through the Employer Nomination Scheme (subclass 186).

The Temporary Residence Transition stream of the subclass 186 is available to eligible SID visa holders across occupations, but specific requirements still need to be satisfied.

Changing employer does not necessarily destroy your pathway to permanent residency, but your visa history, sponsored employment and the employer ultimately nominating you for permanent residence all need to be considered carefully.

If permanent residency is your objective, it is therefore sensible to look at the long-term consequences before changing jobs, rather than considering only the immediate employment opportunity.

Before Changing Employers, Check These 7 Things

Before resigning from your current position or accepting another role:

1. Check your current visa and conditions in VEVO.
2. Confirm whether the prospective employer is already an approved sponsor.
3. Check whether your proposed position is in the same nominated occupation.
4. Establish whether the new employer needs to lodge a new nomination.
5. Determine whether you also need a new 482 visa application.
6. Check how the change could affect your longer-term subclass 186 permanent residency pathway.
7. Obtain migration advice before commencing the new employment if there is any uncertainty.

The correct strategy will depend on your current visa, occupation, employer, proposed position and longer-term migration plans.

Get Advice Before You Change Jobs

Changing employers while holding a subclass 482 visa is certainly possible in many cases, but it should not be treated in the same way as changing jobs when you have unrestricted Australian work rights.

A poorly managed change can affect your visa status and potentially your future permanent residency strategy.

At Emigrate to Australia, we can review your current visa and employment circumstances, assess the proposed new position and advise you and your prospective employer about the sponsorship, nomination and visa steps required.

If you are considering changing employers, have recently lost your sponsored employment or have received an offer from another Australian business, please contact:

Timea Pocze-Graf
Registered Migration Agent
Head of Migration – Emigrate to Australia
A service of Taylor Hampton Solicitors
Email: timea.graf@taylorhampton.co.uk
Telephone: +44 (0)20 7427 5290

Disclaimer

This article is provided for general information only and does not constitute legal or migration advice. Australian immigration legislation, policy, visa conditions and sponsorship requirements can change. The requirements applicable to a change of employer depend on the individual visa holder, occupation, proposed employment and sponsorship arrangements.

Professional advice should be obtained before making decisions concerning your employment, visa or immigration status.