Changing employers on a Subclass 482 visa is allowed, but only with strict compliance. A new sponsor must lodge a nomination in the same occupation, and work can only begin after approval. Since July 2024, 482 visa holders have up to 180 days to find a new sponsor and can work in any role during this grace period.
Visa Holder Rights and Obligations
- Work in Nominated Role and with Sponsor Only: Under condition 8607, a 482 holder must work only for their approved sponsor and in the nominated occupation. Starting work with a new employer before approval breaches 8607 and risks visa cancellation.
- Grace Period to Find a New Sponsor: As of 1 July 2024, if a 482 visa holder stops working for their sponsor, they have up to 180 consecutive days (and a maximum of 365 days total per visa grant) to secure a new sponsor. During this period, the worker may be employed by other employers, even in different occupations than originally nominated.
- Exempt Occupations: Certain senior or medical occupations are exempt from the “only work for sponsor” requirement. For example, medical practitioners, surgeons, etc., can work as independent contractors or multiple employers.
- Notification Obligations: Workers must keep the Department updated on changes. For example, if employment ends or personal details change, the visa holder or sponsor must notify the Department of Home Affairs within the stipulated period. Failing to do so can be deemed non-compliance.
Sponsoring Employer Responsibilities and Limitations
- Approved Sponsor and Nomination: A business must hold (or obtain) a Standard Business Sponsorship (SBS) to sponsor a transfer. The new employer must lodge a new nomination to take over the visa holder’s remaining time.
- Skilling Australians Fund (SAF) Levy: When transferring a 482 visa, the new sponsor pays the SAF levy for one year only, regardless of how many years remain on the visa. (E.g. if 3 years are left, the sponsor pays one year’s levy, not three).
- Salary and Employment Terms: Employers must continue to meet all sponsorship obligations. This includes paying at least the same guaranteed salary as per the nomination and providing equivalent employment conditions to an Australian worker.
- Written Contract and Location: Under sponsorship obligations, the visa holder must be employed under a written contract. The sponsor must ensure the worker is deployed in the location and occupation nominated. Any significant change in duties, hours or work location outside the original nomination (e.g. promotion, new duties) generally requires lodging a new nomination and the worker applying for a new visa.
- No Third-Party Placements: Unless the occupation is exempt, a sponsor cannot assign a sponsored worker to another business (outsourcing) unless that business is an approved associated entity.
- Sponsor Notification: Sponsors must notify the Department of Home Affairs within 28 days if a sponsored employee stops employment or if the business ceases to sponsor. This ensures the Department knows if the visa holder has left.
Steps to Change Sponsors (Transfer Process)
- Secure a New Sponsor: Find an employer who is an approved sponsor or willing to become one (apply for SBS). The sponsor must have a genuine position available in your occupation.
- Check Occupation and Visa Validity: Confirm that the occupation is identical to your current nomination. If it is different, you cannot use your existing 482 visa – you would need to apply for a new visa in the new occupation.
- Lodge a New Nomination: The new employer lodges a Subclass 482 nomination naming you in that occupation. This transfers the remaining visa term to the new sponsor.
- Nomination Approval and Visa Transfer: Once the new nomination is approved, you do not need to lodge a new visa application if your 482 visa is still valid – the visa automatically transfers to the new employer for the remainder of its term, including any dependents on the visa.
- Notify Department (Visa Holder): After the transfer, update your visa details (e.g. use VEVO to check that your employer details have changed). Ensure your address and contact details are current.
Risks and Consequences of Non-Compliance
- Visa Cancellation: Working for a new employer without an approved nomination is a direct breach of condition 8607. In that case, the Department may cancel your visa under section 116(b) of the Migration Act. Even if not immediately cancelled, any future visa applications will be assessed harshly if they see a condition breach in your history.
- Employer Sanctions: A new employer who illegally employs you without an approved nomination risks heavy penalties. The employer can face fines, sanctions, or loss of sponsorship rights.
- Nomination Breaches: If duties, location or salary change without lodging a new nomination, that is also a breach. The visa holder could lose the right to stay (as the basis of the visa is broken), and the sponsor could be penalised for breaching conditions.
- Deemed Non-Compliance: Failing to notify the Department of changes (like ending the employment) within required timeframes can lead to investigations. The visa may be cancelled and the sponsor could be found non-compliant.
- Immigration Record: Any compliance issue can affect your immigration record. A cancelled 482 visa or a refusal related to a breach can impact future applications. Employers also risk being barred from sponsorship programs.
Practical Tips for a Smooth Transition
- Plan Before You Leave: Do not resign from your current job until the new nomination is approved. Maintaining continuous employment avoids exceeding the grace period and keeps you lawfully in Australia.
- Serve Notice Carefully: If you have a contractual notice period, try to align it with the nomination process. You may serve notice once the new nomination is filed; if it extends beyond approval, ensure you start with the new sponsor within 60 days of approval as required.
- Document Everything: Keep copies of the new nomination approval, sponsorship approval, employment contracts, and correspondence. These prove your lawful status if questioned.
- Coordinate Sponsors: Communicate with both your current and prospective employers (and their immigration teams) so everyone understands the timing. The new sponsor’s immigration agent can often help liaise with the Department of Home Affairs about the nomination status.
- Seek Expert Advice: If in doubt, consult an immigration lawyer or a registered migration agent. The rules can be complex, and professional guidance helps avoid costly mistakes.
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Disclaimer: This article is for general information only and does not constitute legal advice. Visa criteria, policy, and processing times are subject to change. Please consult a registered migration agent or legal practitioner for advice specific to your situation.