What Happens if My Sponsor Loses their SBS Approval while I’m on a SC482 Visa?
If you are an overseas worker in Australia on a Skills in Demand (SID) (Subclass 482) Visa, your visa status is linked to your sponsoring employer’s approval as a Standard Business Sponsor (SBS). A concerning circumstance may arise if your sponsor’s SBS is cancelled, and you may ask: how does this affect my visa?
How Does Your Sponsor’s SBS Link Between Your SC482?
Your SC 482 visa is granted on the condition that you are employed by an approved SBS in the nominated skilled position. If the SBS is cancelled, your visa will be directly impacted.
What are the Reasons a Sponsor Might Lose Their SBS?
A sponsor can lose their SBS due to:
Failure to meet the sponsorship obligations
The sponsor chooses to withdraw their SBS
The Department of Home Affairs (DoHA) may cancel SBS as a sanction for serious breaches
Related: How Do I Know I’m Maintaining My Sponsorship Obligations?
What Happens to Your Skills in Demand (SID) (SC 482) Visa?
Although your visa was granted, you are still required to maintain your visa conditions, such as condition 8607, which may result in a visa cancellation if those conditions are breached.
Your visa will remain valid until DoHA issues a cancellation.
DoHA may issue a Notice of Intention to Consider Cancellation (NOICC) before cancelling your visa. This notice allows you to address the concerns raised. It is best to engage an immigration lawyer to assist in preparing a strong, timely response. Speak with Jason Ling, an Accredited Specialist in Immigration Law who specialises in complex visa cancellation matters, for tailored advice and guidance.
Your next step is to find and switch to a new approved employer if preferred. Typically, there is a grace period of 180 days for SC482 visa holders. However, keep in mind that DoHA may cancel your visa at any time.
Related: Subclass 482 Visa: What to Do If You Are Terminated?
What Happens If I’m Unable to Find a New Employer?
Your first step is to seek legal assistance from an experienced immigration lawyer. They can assess your specific circumstance and provide advice on the best course of action. This may include exploring other visa options, addressing the NOICC (if issued) and more.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Sponsoring Skilled Migrants: SBS Process, Obligations, and Main Considerations
What If My Employer Withdraws My Nomination After It’s Been Approved?
How Can Agape Henry Crux Help You?
We understand that changing employers due to unforeseen circumstances is stressful. We recommend consulting with an immigration lawyer for professional advice and guidance. At Agape Henry Crux, our team of immigration lawyers work closely with our Accredited Specialists in Immigration Law to handle highly complex matters. You can book a Migration Planning Session with our team by calling 02 8310 5230 or emailing us at info@ahclawyers.com to arrange a time.
We speak fluent English, Mandarin and Cantonese. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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