482 and 494 Visa Holders May Switch Employers During Nomination Transfer

The Temporary Skill Shortage (TSS) visa (subclass 482), together with the Skilled Employer Sponsored Regional visa (subclass 494), has lately undergone rule changes to simplify Australian work opportunities for visa holders. The visa holders will gain the ability to start work for a new sponsor on July 1, 2024, after the submission of a new nomination application before approval is received. 

This applies to the holders of subclass 482 and subclass 494 visas and is different from the customary rules, which used to require waiting for approval before starting a new job.

Previous Employment Transition Restrictions

Prior to the change, visa recipients who held subclass 482 or 494 visas could work only for their sponsoring employer in their specific skilled occupation category. The visa holder needed both the new employer to submit a nomination application first and then wait for the approval before starting their new position. 

The execution of these requirements generated employment interruptions that harmed workers’ financial well-being and contributed to significant employer work-related stress. 

Key Changes Introduced

Commencing on July 1, 2024, the new regulations implement significant changes to: 

• Work Immediately: Visa holders can start working for a new employer upon the lodgement of the nomination application. Instead of waiting for approval, visa holders should begin to alleviate job gaps and enhance work security.
• Longer Search for Job: Instead of 60 days, visa holders have 180 days to find a job offer in Australia, giving them sufficient time to secure a good job without worrying about their visa.

Benefits to the Visa Holders:

• Easier Job Change: Visa holders can change jobs without lengthy break periods, lessening stress. 
• More Job Safety: A quick start to income generation enhances job security, particularly with skilled workers. 
• Extra Time to Decide: The 180 days required to find work allow the holders of the visa to weigh their options.

Advantages for Employers:

• Faster Hiring: Employers can now hire skilled workers immediately after applying for a visa, which will significantly speed up the recruitment process for skill needs.
• More Variety: Visas for job change make it easier for employers to source a larger pool of skilled talents who can join immediately.

Compliance and Responsibilities

Despite these good changes, employers and visa holders have some observances to maintain:

• Notification Requirements: Employers should notify the Department of Home Affairs at the very most 28 days after a visa-holder has ceased working. Penalties will result if not followed.
• Visa Condition Compliance: All conditions of the visa must still be maintained by visa holders, such as working in the job selected and having appropriate licenses if required.

Conclusion 

The change in employment regulations for subclass 482 and 494 visas introduces substantial flexibility to Australia’s skilled migration system. The visa changes enable 482 and 494 visa holders to begin their new employment right when they submit their nomination request while extending their job search duration to 180 days. This move directly solves problems regarding employment safety and wait times. 

The adjustments in visa rules will benefit visa holders alongside employers and support Australia’s economy to serve current labour market requirements.