In a significant update to Australian immigration policy, the Department of Home Affairs has introduced a change to Condition 8607, effective from March 2025, impacting Skills in Demand (subclass 482) and Skilled Employer Sponsored Regional (subclass 494) visa holders. This change allows overseas employees holding these visas to continue working for their prospective sponsor while they await the approval of their nomination, without the need to cease employment during the process.
Previously, some visa holders in these categories were required to stop working for their employer if their nomination was in progress and had not yet been approved when the 180 day limit came into effect. This caused unnecessary disruption for both the employee and employer, particularly in cases where the nomination processing times were delayed. With the new change, subclass 482 and subclass 494 visa holders can remain employed by their sponsoring employer during this waiting period, allowing businesses to retain valuable workers and avoid interruptions to operations.
Benefits for Employers and Employees:
- Business Continuity: This change ensures that businesses sponsoring overseas workers will not experience workforce disruptions during the nomination waiting period. Employers can continue to benefit from the skills and experience of the visa holder without the added challenge of managing temporary staff shortages.
- Employee Security: Overseas workers will now have greater job security during the nomination process, as they are not required to stop working, avoiding potential gaps in employment. This helps to maintain morale and ensures employees remain engaged while their permanent or extended stay application is processed.
- Streamlined Operations: With the elimination of the requirement to pause employment, businesses can better manage their HR operations, focusing on core activities rather than dealing with the complexities of temporary employee changes.
Conclusion:
The change to Condition 8607, effective from March 2025, is a welcome update for both employers and employees involved in the subclass 482 and subclass 494 visa programs. It provides clarity and flexibility by allowing overseas workers to remain employed while awaiting the approval of their nomination. This shift ensures business continuity and employee security, streamlining the immigration process and reducing unnecessary disruptions. Australian businesses sponsoring overseas workers can now operate with greater confidence, knowing their sponsored employees can continue to contribute without interruption.
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