Leaving your sponsoring employer can be stressful. If you hold a Skills in Demand (subclass 482) visa, which replaced the Temporary Skill Shortage (subclass 482) visa on 7 December 2024, it’s crucial to know your rights, obligations, and options to maintain compliance in Australia.
At SALIA Lawyers & Associates, we help visa holders like you understand exactly what to do when employment ends so you can make confident decisions and plan your next steps. Here are the key points to keep in mind.
Stay in Your Nominated Occupation
Leaving a job can leave you unsure about what you can legally do next. The first step is understanding the occupation restrictions on your visa. Your visa allows you to work only in the occupation nominated in your most recently granted subclass 482 visa, may it be the Temporary Skill Shortage or Skills in Demand visa.
You cannot work in a different occupation unless you apply for and are granted a new Skills in Demand (subclass 482) visa.
If your visa was granted in one of the below streams, you may also work for associated entities of your sponsor:
- Short-term or Medium-term stream of the Temporary Skill Shortage (subclass 482) visa
- Specialist Skills or Core Skills stream of the Skills in Demand (subclass 482) visa
Changing Employers
If you’re planning to move to a new employer, it’s important to understand the changes that took effect on 7 December 2024.
- You can now start working with a new employer at any time after leaving your current sponsor. This provides greater flexibility for 482-visa holders to change employers without waiting for nomination approval.
- However, if you intend to apply for a Subclass 186 (Temporary Residence Transition) visa, you must still complete two years of full-time work as a 482-visa holder. Under the new rule, this two-year period only continues to count once your new employer’s nomination has been lodged with the Department of Home Affairs, not when it’s approved, as was previously required.
These updates make it easier to transition between employers, but it’s vital to ensure your new nomination is lodged promptly so your time continues to count towards your 186 TRT eligibility.
What to Do Immediately After Leaving Your Employer
It’s common to feel anxious once your employment ends. The good news is your visa allows some flexibility while you transition.
You may stop working for:
- Up to 180 days in a single period
- Up to 365 days in total across the visa period
You may also work for other businesses if:
- The occupation is specified by the Minister, or
- You are completing a notice period or your employment is coming to an end
Please take note that these time periods start from 1 July 2024 and do not include earlier periods under previous conditions.
Maintain Licences, Registrations, and Memberships
Many occupations require mandatory licences, registrations, or memberships. You must:
- Hold the required licence, registration, or membership within 90 days of arriving in Australia or your visa being granted
- Comply with all legal provisions associated with your occupation
- Not work if it is illegal to do so without the licence, registration, or membership
You must inform the Department of Home Affairs in writing as soon as possible if your licence, registration, or membership ends, is refused, cancelled, or revoked via email: sponsor.notifications@abf.gov.au.
Maintaining your certifications ensures you can continue working legally and protects your visa.
Start Work Within the Required Timeframes
Regardless of your employment situation, you must start work within 90 days of:
- Arriving in Australia, if you were overseas when your visa was granted
- Your visa being granted, if you were already in Australia
This ensures your visa conditions are being met and avoids compliance issues.
Get Expert Guidance and Protect Your Visa
Navigating the rules after leaving your 482-visa employer can be complex and stressful. At SALIA Lawyers & Associates, we provide clear, practical advice tailored to your situation. Don’t risk non-compliance or lost opportunities. Contact us today to understand your options, plan your next move, and stay fully compliant with Australian immigration law.
Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.
