Changing employer sponsorship on a 482 visa
The short answer to the question is yes, an employee who is currently sponsored on a SC 482 visa can change their sponsorship. But there are specific conditions and processes to be considered. This blog will provide details of how an employee can change their sponsor while on a SC 482 visa and also other options that can be explored.
If you are planning to cease your employment with your sponsor or have already ceased your employment with your sponsor, you have up to 180 days to find a solution to your circumstances. You can,
-
Find a new employer to sponsor
-
Be granted a different visa
-
Leave Australia
Option 1: Find a new employer to sponsor
If you have a new employer to sponsor, the new employer must lodge a new nomination application for you. The nomination application must be approved by the Department of Home Affairs before you can start working with the new employer. It must be noted that if you are working for an associated entity of your current sponsor, then it won’t be a breach of visa conditions.
8607 visa condition compliance
The 482 Temporary Skills Shortage Visa has several conditions attached to it. The condition that you have to specifically give attention to when changing employers would be the condition “8607- Must only work in nominated occupation”. According to this condition an SC 482 visa holder must only work in the nominated occupation for which their visa was granted. Which means you cannot work for any other occupation unless you are exempt from this condition. So you must work in the occupation that the new sponsor is nominating you.
Visa application
The current 482 visa that you hold must be linked to the new sponsor’s nomination. If the current 482 visa is close to expiring, you may have to apply for a bridging visa while the new nomination application is being processed by the department. There may be situations where you may have to apply for a new visa application if there is a significant change in your employment or your nominated occupation.
Priority Processing
You can only start working for the new employer only when the nomination is approved and the time duration that’s granted for finding a solution is 180 days. Therefore its important to inform the Department of Home Affairs and request priority processing for the new nomination by the new sponsor, to avoid breaching visa conditions.
Option 2: Be granted a different visa
Assess your eligibility
You can review your work experience, qualifications and personal circumstances to identify visas that would match your profile.
Common visa options
Temporary Visa options
You can go for a student visa to upskill your knowledge which would enhance your employment prospects. You can also enroll in a course that would lead you to PR through the skilled migration program. The stay duration of this visa can be up to 5 years depending on the course requirements and enrollments. This can be an option if you want to pursue further education to enhance your knowledge and embark on a PR pathway.
Permanent visa options
The two main pathways for you to gain PR status in Australia besides the employer sponsorship pathways are:
Skilled Migration Pathway
Skilled migration is a pathway that is very popular among the migrant population in Australia. However, this is a pathway that is prone to many changes. The skilled migration pathway is also highly competitive as there are limited allocations for the skilled visas each year. It is also to be noted that the skilled migration pathway takes a considerable amount of time to process. However, opting out for this pathway, you can rely on your skills and knowledge rather than sponsorships. You can look for the states that have a demand for your occupation, assess your eligibility and prepare for PR. The skilled migration visas that you can explore are:
- Skilled Independent visa (SC 189)
- Skilled Nominated visa (SC 190)
- Skilled Work Regional (Provisional) visa (SC 491)
Partner visa Pathway
Apart from pathways led by the your qualifications and work experience the partner visa pathway is also an option to continue your stay in Australia. If your spouse or partner is an Australian citizen or Australian permanent resident, then you can apply for a partner visa. The partner visas that you can explore are:
Option 3: Leave Australia
In the event you are unable to find a solution to stay in Australia, you will have to depart the country within the 180 days time frame that the department grants you. If you fail to depart you will be considered to be an illegal migrant and will be subjected to severe penalties and repercussions.
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