Can Your Employer-Sponsored Visa Be Cancelled Because You Stopped Working?

If you are in Australia on an employer-sponsored visa, such as the Skills in Demand (SID) (Subclass 482) or the Skilled Employer Sponsored Regional (SESR) (Subclass 494) visa, your visa is directly linked to your job. Naturally, one of the biggest fears for sponsored workers is: “If I lose my job, or if I resign, will my visa be cancelled immediately?” The short answer is no; however, the countdown begins.

Your Sponsor’s Obligation to Notify the Department

When you stop working for your sponsoring employer, whether you resigned, were made redundant, or were dismissed, your employer is legally required to notify the Department of Home Affairs (DoHA) within 28 days. Once DoHA is notified, they are alerted to the fact that you are no longer meeting the primary condition of your visa (Condition 8607), working in your nominated occupation for your approved sponsor.

The 180-Day Rule (6 Month Window)

Under the current Australian migration policy, you generally have a maximum period of 180 days (approximately 6 months) from the date you stopped working to resolve your status. During this 180-day window, you must do one of the following:

A new employer must lodge a Nomination application to take over your sponsorship.
You may be eligible to apply for a different visa. Book a Migration Planning Session with one of our immigration lawyers to strategise your next suitable visa pathway.
If you cannot find a new pathway, leave the country before your visa is cancelled or expires.

NOICC: The Cancellation Process

If the 180-day period passes and you haven’t taken any of the steps above, DoHA will likely issue a Notice of Intention to Consider Cancellation (NOICC). A NOICC is a warning, and the Department is giving you a chance to explain why your visa should not be cancelled within a strict deadline. If you can show that you have a new nomination pending or have a compelling reason for the delay, the Department may choose not to cancel the visa immediately.

Can You Work for Someone Else?

This is a common mistake, thinking that you cannot work for a new employer. During the 180-day period, you can work in any occupation, and it doesn’t have to be related to your nominated occupation to support yourself while you look for a new sponsor. You can start working for a new employer who is willing to take over your sponsorship, as long as the nomination is lodged and pending. You don’t have to wait until the nomination is approved.

What if the Business Closed Down?

If your employer’s business closes or they lose their sponsorship license, you are still generally entitled to the same 180-day grace period to find a new pathway.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help You?

Losing your sponsorship is a high-stress situation, but you have options. 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 and Mandarin. If these aren’t your language, we can also help you arrange an interpreter.

Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.

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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