What Happens to My SC482 Visa if My Employer Goes into Liquidation?
Discovering your sponsoring employer has gone into liquidation is a concerning situation for any Skills in Demand (SID) (Subclass 482) Visa holder. Your visa is linked to your employment with that specific sponsor, as their insolvency puts your Australian residency status at risk.
What is the Immediate Impact on Your SC482?
The key condition of your visa is to work in your nominated occupation for your nominated sponsor (Condition 8607). When the employer ceases to exist or can no longer employ you, you are no longer meeting the visa condition, hence breaching a visa condition may put you at risk to a visa cancellation.
Related:
Do I Have a Period to Find a New Employer to Sponsor Me?
The Australian government provides a 180-day grace period for SC482 visa holders whose employment ceases from the date their employment ends to:
Find a new eligible employer willing to sponsor you.
Have a new nomination approved.
If necessary, lodge a new SC482 (depending on the circumstance, a new nomination linked to your existing visa is sufficient).
Apply for a different visa subclass if you are eligible.
It is important to note that the visa holder cannot work for no more than 180 days consecutively for a total maximum of 365 days during the visa period visa grant.
What must you do immediately?
While your employer has an obligation to notify DoHA, you should also inform the Department of your employment cessation.
At the same time, your top priority is to find a new employer who is willing to sponsor you as quickly as possible. Keep in mind that DoHA may cancel your visa at any time, and it takes time for the new employer to apply for a new nomination for you.
If finding a new SC482 sponsor is difficult, discuss alternative visa pathways with an experienced immigration lawyer, so they can assess your specific visa condition and advise on the best visa pathway strategy for your particular circumstances.
What NOT To Do?
Don’t ignore the situation or take no action, as it will lead to your visa cancellation.
Don’t continue to work for an employer who cannot pay you, or if their business has legally ceased.
Ensure you take action before the 180 days expire to avoid becoming an unlawful non-citizen.
What Happens to Your Skills in Demand (SID) (SC 482) Visa?
Your visa will remain valid until a cancellation is issued by DoHA.
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.
If you do not act in time, you will become an unlawful non-citizen, and you will lose your legal right to remain in Australia. However, you may be at risk of being detained and removed from Australia.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
What If My Employer Withdraws My Nomination After It’s Been Approved?
What Happens if My Sponsor Loses their SBS Approval while I’m on a SC482 Visa?
How Can Agape Henry Crux Help
If you are unsure or in doubt about the next steps, seek professional advice through a consultation with an Immigration Lawyer. Our Accredited Specialists in Immigration Law, along with our team of immigration lawyers, specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
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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