Visa conditions 8107, 8607 and 8608 changes for 482 and 457 visa holders – Effective from 01/07/2024

From 1 July 2024, visa conditions 8107, 8607 and 8608 are changing in response to the Australian Governments Migration strategy.

These changes apply to temporary migrants who have the following visas:

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

Holders of these visas who stop working with their sponsoring employer will have more time to find a new sponsor, apply for a different visa or arrange to depart Australia. These visa holders will have up to:

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

During this time, visa holders can work for other employers. This includes work in occupations not listed in their most recently approved sponsorship nomination. This will ensure that visa holders can support themselves while they look for a new sponsor.

Unless exempt, a visa holder cannot work for another employer unless they have ceased work with their sponsoring employer.
Visa holders must remain in their nominated occupation while working for their existing sponsor.

Sponsors must still let the department know if there is any change in situation within 28 days. This includes ceasing sponsorship or if a visa holder resigns.

Visa holders must not do any work that is inconsistent with any licence or registration needed for their nominated occupation. This includes any conditions or requirements they are subject to.

The changes apply to existing visa holders, as well as those granted a visa on or after 1 July 2024. Any periods a visa holder stopped working for their sponsor before 1 July 2024 will not count towards the new time periods outlined above.

The instrument commences on 1 July 2024. The amendments apply to:

  • a visa granted on or after 1 July 2024.
  • a visa granted before 1 July 2024, for the part of the visa period for the visa that occurs after 1 July 2024, but any period for which the holder of the visa ceased employment before 1 July 2024 is to be disregarded. (For example, if a subclass 482 visa had been granted on 1 July 2023 to be in effect for 4 years, the amendments made by these regulations would apply to the 3 years the visa is in effect beginning 1 July 2024. The amendments would not apply to the 1 year that the visa was effect between 1 July 2023 and 30 June 2024).