New Visa Conditions Enhance Flexibility and Mobility for Temporary Migrant Workers

Effective from 1 July 2024, the Australian government is revising visa conditions 8107, 8607, and 8608 as part of its Migration Strategy to combat worker exploitation and boost productivity. These updates aim to enhance labor market mobility for temporary migrants holding the following visas:

• Temporary Work (Skilled) visa (subclass 457)
• Temporary Skill Shortage visa (subclass 482)
• Skilled Employer Sponsored Regional (provisional) visa (subclass 494)

Under the new conditions, visa holders who leave their sponsoring employer will have increased flexibility and time to secure new employment, apply for a different visa, or make arrangements to leave Australia. Specifically, they will have up to:

• 180 days at a time, or
• A maximum of 365 days in total throughout the visa grant period.

During this period, visa holders can work for other employers, including in occupations not listed in their most recent sponsorship nomination, ensuring they can support themselves while seeking a new sponsor.

Key Points:

• Visa holders cannot work for another employer unless they have ceased working with their sponsoring employer, unless exempt.
• Visa holders must continue in their nominated occupation while working for their existing sponsor.
• Sponsors must notify the department of any changes within 28 days, including cessation of sponsorship or resignation of the visa holder.
• Visa holders must comply with any license or registration requirements for their nominated occupation.

These changes apply to both existing visa holders and those granted a visa on or after 1 July 2024. Importantly, any periods a visa holder stopped working for their sponsor before 1 July 2024 will not count towards the new periods. For more details on sponsorship obligations for standard business sponsors, please refer to the department's guidelines.

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