AUSTRALIA – Amendments to Visa Conditions

June 26, 2024

By: Patricia Clarino

Effective July 1, 2024, the Australian Government is implementing updates to visa conditions 8107, 8607, and 8608 as part of its Migration Strategy. These adjustments apply retroactively to existing visa holders and will affect those granted visas from July 1, 2024, onwards. Notably, any periods before July 1, 2024, where a visa holder ceased employment will not count towards the new allotted time frames.

The amendments would primarily benefit holders of the Temporary Work (Skilled) visa (subclass 457), Temporary Skill Shortage visa (subclass 482), and Skilled Employer Sponsored Regional (provisional) visa (subclass 494). These visa holders who cease employment with the sponsoring employer will have increased flexibility and will be able to seek a new sponsor, apply for a different visa, or arrange to leave Australia up to:

  • 180 days at a time; or
  • A maximum of cumulative period of 365 days throughout the visa grant period.

These specific visa holders are allowed to work for different employers, even in roles not specified in their most recent sponsorship nomination within the timeframes mentioned above after they stop working for their sponsoring employer. This flexibility ensures they can maintain financial stability while exploring new career prospects.

It remains crucial for employers to promptly notify the Department of Home Affairs of any changes, such as ceasing sponsorship or the resignation of a visa holder, within 28 days.

Newland Chase Insights

These amendments represent a notable change towards supporting labor market mobility and protecting the rights of temporary foreign workers in Australia. By extending the grace period for job transitions and permitting work across varied occupations, the government aims to foster a more adaptable and resilient workforce.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Case for any case- or company-specific assessments.