Condition 8607 - Subclass 482 visa Obligations
Every Temporary Skills Shortage (Subclass 482) visa (‘TSS visa’) is mandatorily imposed with condition 8607, which limits the types of employment the visa holder can undertake. The law of condition 8607 is extracted below:
(1) The holder must work only in the occupation (the nominated occupation) nominated by the nomination identified in the application for the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder.
(2) Unless subclause (3) applies, the holder must:
(a) if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Labour Agreement stream—work only for the person who nominated the nominated occupation; or
(b) if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Short-term stream or Medium-term stream and the person who nominated the nominated occupation was an overseas business sponsor at the time the nomination was approved—work only in a position in the person's business; or
(c) if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Short-term stream or Medium-term stream and the person who nominated the nominated occupation was not an overseas business sponsor at the time the nomination was approved—work only in a position in the person's business or a business of an associated entity of the person.
(3) This subclause applies if:
(a) the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13); or
(b) the holder is continuing to work for a person for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.
(4) Subject to subclause (6), the holder must commence work within:
(a) if the holder was outside Australia when the visa was granted—90 days after the holder's arrival in Australia; or
(b) if the holder was in Australia when the visa was granted—90 days after the holder's visa was granted.
(5) If the holder ceases employment, the period during which the holder ceases employment must not exceed 60 consecutive days.
(6) If the holder is required to hold a licence, registration or membership (an authorisation) that is mandatory to perform the nominated occupation in the location where the holder's position is situated, the holder must:
(a) hold the authorisation within:
(i) if the holder was outside Australia when the visa was granted—90 days after the holder's arrival in Australia; or
(ii) if the holder was in Australia when the visa was granted—90 days after the holder's visa was granted; and
(b) continue to hold the authorisation while the holder is performing the occupation; and
(c) notify Immigration, in writing, as soon as practicable if an application for the authorisation is refused; and
(d) comply with each condition or requirement to which the authorisation is subject; and
(e) not engage in work that is inconsistent with the authorisation, including any conditions or requirements to which the authorisation is subject; and
(f) notify Immigration, in writing, as soon as practicable if the authorisation ceases to be in force or is revoked or cancelled.
Condition 8607 imposes several employment-related obligations, which can be separated roughly into four broad categories.
Can I change my occupation?
Unfortunately, you are locked into working in the same occupation for the entire period that you hold the TSS visa. Subclause 8607(1) states that the visa holders must only work in the ‘occupation nominated by the nomination’ identified in the most recent TSS visa application.
The only way you can change your occupation is if you lodge and are granted a completely new TSS nomination and visa under the new occupation.
Who can I work for?
You will only be allowed to work for the Standard Business Sponsor’s business or the business of an associated entity. This is even more limited if you had been nominated by an Overseas Business Sponsor or you had been nominated under the Labour Agreement stream.
If you wish to change sponsors but continue working in the same occupation, you will need to lodge a new nomination application. You will only be able to work for the new sponsor once this new nomination is granted. However, you can remain on the same visa.
This applies even if you need to change employers unexpectedly. In such cases, it is recommended that you engage experience migration lawyers to request for priority processing of the nomination.
What happens if I am promoted?
If you are temporarily given other duties, you may not be in breach of the condition. Under policy, a temporary change of duties is allowed as long as it does not exceed 60 consecutive days.
However, if the promotion results in a change of duties that exceeds 60 days, this would be considered a change in occupation. The same procedure as above will need to be followed.
When do I have to start employment?
If you were granted the TSS visa while you are in Australia, you will need to begin your employment 90 days after the date of visa grant. If you were granted the TSS visa while you are outside of Australia, you will need to begin your employment 90 days after your first date of arrival in Australia. If your occupation requires licensing, registration or membership, you will need to make sure you have obtained those within the 90 days.
If you do have to temporarily cease working, you will need to return to work after 60 consecutive days or you will be breaching your visa condition.
Obligations for 186 visa
We note that there are no employment-related conditions attached to the Employer Nomination Scheme (subclass 186) visa (‘ENS visa’). Therefore, under migration law there is no obligation to continue working for the nominator.
However, one of the criterion for the ENS visa is that you must evidence an employment contract that offers employment for a minimum two year duration. Therefore, you may be bound by contract law to continue working for the nominator even where migration law is silent.
How Can Agape Henry Crux Help You?
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