Changes to work conditions on Subclass 482 and 494 Visas
Primary subclass 482 and 494 visa holders are bound by a basic rule that they are required to remain employed in the nominated occupation for their nominating employer (with some exceptions) for the term of their visa to avoid risk of visa cancellation.
The rule is imposed under condition 8607 on a subclass 482 visa, and condition 8608 on a subclass 494 visa.
On 1 July 2024, legislative changes to conditions 8607 and 8608 introduced amendments to the allowable exceptions to the basic rule.
Subclass 482 visa subject to condition 8607
- Previous exception:
The primary visa holder has found another employer who has applied for and received approval to nominate them in the same occupation. The visa holder was allowed to cease work for maximum 60 consecutive days, during which time they were required to achieve the approved nomination with the new employer.
Subclass 494 visa subject to condition 8608
- Previous exception:
The primary visa holder has found another employer who has applied for and received approval to nominate them in the same occupation. The visa holder was allowed to cease work for maximum 90 consecutive days, during which time they were required to achieve the approved nomination with the new employer.
New exceptions to the basic rule that a subclass 482 and 494 visa holder must remain employed in the nominated occupation for their nominating employer to avoid risk of visa cancellation.
After 1 July 2024, a subclass 482 or 494 primary visa holder can cease working for their nominating employer for up to 6 consecutive months, and no more than 1 year (over several consecutive periods). They must not exceed this cessation of work unless they have found a new employer who has applied for and received approval to nominate them in the same or a different occupation. During any allowable time not working for the nominating employer, the primary visa holder can work in any occupation for any other employer.
The significant changes are:
- The length of time when the primary visa holder can cease working for a nominating employer changing from 60 days (sc482 visa) or 90 days (sc494 visa) to up to one year (with no more than 6 months in any consecutive period).
- Is able to be nominated by a new employer in a different occupation.
- Is allowed to work for any other employer in any occupation in the allowable periods of not working for the nominating employer.