Are you a subclass 482 visa holder wanting to change employers? Not being treated fairly or not being paid fairly?
From the 1st July 2024, subclass 482 visa holders can now change employers without fearing their employer will send them home if they don’t stay in the same job, or will lose their visa or their right to stay in Australia on their visa.
The changes aim to make it easier for these workers to switch jobs without losing their legal status in Australia. This will reduce their dependence on one employer and address any unfair power dynamics including not being treated fairly or being paid fairly. The new Migration Amendment (Work Related Visa Conditions) Regulations 2024 makes changes to help temporary workers with certain employer-sponsored visas.
Key Changes:
Longer Period to Stop Working:
- Temporary workers with Subclass 457, Subclass 482, and Subclass 494 visas can now stop working for their sponsoring employer for up to 180 days in a row, instead of the previous 60 or 90 days.
- Over the duration of their visa, they can stop working for up to a total of 365 days.
More Flexibility:
- During the 180-day period, visa holders can work for different employers and in different jobs than the ones they were sponsored for.
- This change allows visa holders to find new job opportunities, report abuse, and leave bad work environments without worrying about losing their visa.
Margie Dizon, Registered Migration Agent for Migration Corporation of Australia Pty Ltd celebrates this as a win “We consult with many visa holders who cannot work for a new employer because of the old rules of the 457/482 where visa holders cannot work for a new employer unless a new nomination is approved for them in the same visa subclass. This has been very hard for the visa holders, especially that they have to change employers due to factors outside their control. We see a lot of workers who are stressed and fearing they have to go home or we have to wait until the next sponsor’s nomination and visa application both approved before they can work for the next employer. It’s been quite unfair – til now.”
She adds, “Any periods where the visa holder stopped working before July 1, 2024, do not count towards the 180 consecutive days. During this period, a visa holder may work while they pursue alternative sponsorship arrangements, including for different employers and in occupations other than the one for which their visa was granted. The visa holder can also choose not to work during this time. The total period a visa holder may cease to work during their visa validity must not exceed 365 days after the new rules begin, and any time they stopped working before July 1, 2024, does not count towards this maximum.”
“Now, the government is protecting visa holders from fearing they’ll be sent home by their sponsors. 482 visa holders can take leave and work for other employers to see if they want to pursue sponsorship with them more easily. Employers can ‘try before they buy,’ and so can 482 visa holders. This is great news and takes effect from July 1st,” Margie confirms.
Margie Dizon adds, “These changes will also help address exploitation and power imbalances, giving visa holders more control over their employment situation. They can now report abusive employers and leave without the immediate threat of losing their visa status. This is a much-needed change that brings fairness and flexibility to the system.”
Want to know your visa options? Wanting to pursue permanent residency? Contact us only if you are serious about your future in Australia. Call 08 89481995 or send us a request for a confidential, culturally-sensitive appointment by completing your details here.