Holders of Temporary Skill Shortage (TSS) (subclass 482) visas are subject to the condition 8607 work restriction. Condition 8607 means that a TSS subclass 482 visa holder can generally only work for their sponsoring employer (or associated entities in certain situations). In accordance with condition 8607, TSS subclass 482 visa holders must also work in the occupation which is specified in the nomination provided to the Australian Department of Home Affairs (DHA).
If your business is interested in sponsoring a candidate who already holds a TSS subclass 482 visa, or you are a TSS subclass 482 visa holder transferring employers in Australia, it is possible to arrange this.
The process is as follows:
If the TSS subclass 482 visa holder will remain in the same occupation:
If the candidate will be remaining in the same position as they were for their previous sponsoring employer and therefore will continue to have the same ‘nominated occupation’ then the process involves two stages:
- Your business as the new employer must either be registered as a standard business sponsor or apply to become a sponsor.
- A nomination application must be lodged to select the candidate and it must the candidate must be nominated in the same occupation.
It is important to note that the candidate cannot commence work for your business until the new nomination has been approved by the DHA.
If the TSS subclass 482 visa holder will be changing positions/nominated occupations:
If the candidate will be changing roles and will have a different ‘nominated occupation’ in your business, then the following three stages will apply:
- The new employer must either be registered as a standard business sponsor or apply to become a sponsor.
- A new nomination application must be lodged with a different ‘nominated occupation’ selected.
- The candidate will require a new visa application associated with the new nomination and the candidate will need to prove they have the skills and work experience to meet the requirements of the new occupation.
It is important to note that if the candidate has already resigned from their previous employer and sponsor, under condition 8607 they only have 60 days from termination of their employment to find a new employer and lodge a new nomination.
For advice regarding Australian visas and sponsoring skilled overseas workers, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.
Disclaimer:
The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.