Coronavirus- Updates for 457/482 Visa Holders Following COVID-19 shutdown in Australia!

Posted on March 24, 2020 by Benson Shi

If you are on a Subclass 457 / 482 visa and your employment has been affected by the Coronavirus pandemic you need to know that:

  • The visa holder cannot start working for a different employer until that employer has a new approved nomination
  • The visa holder must continue to meet the Temporary Skilled Migrations Income Threshold (TSMIT) specified in the relevant legislative instrument. If the visa holder cannot meet the TSMIT, the visa holder must submit a new nomination
  • The visa holder must submit a new visa application and nomination if your working duties have changed to a new role with new duties
  • The visa holder must abide by the work location requirement, if the visa you hold requires a specific work location
  • If the visa holder’s employment has ended or your employer has ceased sponsoring you, you must let the Department of Home Affairs know within 10 days. See what you need to do by clicking here.
  • If another employer wishes to take over your sponsorship, they must be an approved sponsor for the visa held by you and lodge a nomination. You, the visa holder does not need to submit a new visa application, unless it is about to expire. Work with the new employer can only begin once the nomination has been approved
  • If your visa is expiring and your employer wants to continue to sponsor you, your employer must make a new nomination and you must apply for a new visa (extending your visa is not an option)

For more information on Subclass 482,click here.

If you are on a Subclass 457 visa and you have changed jobs or do a different job whilst you hold the subclass 457 visa:

  • you do not need to apply for a new 457 visa. Your sponsor must lodge a new nomination. This nomination needs to be approved before you can start working for the new sponsor or in the new role.
  • If you stop working for your sponsor you must take one of these actions within 60 days
  • find a new employer to sponsor you and lodge a new nomination (approved by us before you can start working for them)
  • be granted a different visa
  • leave Australia: You can request your employer to pay reasonable and necessary travel costs for you and your dependents to leave Australia
  • If you or any of your dependents become unlawful, the employer may have to pay the cost of locating and removing you and dependents from Australia

If your new nomination application is approved, you may need to continue to work for your past sponsor for a short time. Australia’s industrial relations law obliges you to give the right amount of notice to your employer. It is not considered a breach of condition 8107 if you are meeting requirements of the law. However, you cannot work for your previous sponsor again unless a new nomination is approved.

  • If you are a dependant on the primary visa applicant, you do not have condition 8107 on your visa – you do not need to have a sponsor to work.
  • You do not need to notify the Department of Home Affairs if you change jobs or roles.

For more information on Subclass 457, click here.

If you hold a subclass 482 (Temporary Skilled Shortage visa) or  457 (Temporary Work (Skilled) visa) you could be sponsored for permanent residence through the Employer Nomination Scheme (subclass 186) or  Regional Sponsored Migration Scheme (subclass 187)

We understand the Australian Department of Home Affaires is currently considering the issue of redundancy and loss of employments for visa holders, based on COVID-19 shutdown in Australia. We will have to wait and see what especial if any arrangement will be made for this visa holders.

Please be advised that if you are on any temporary visa and/or your current visa is expiring or you are on a bridging visa, it is important to get immediate advice and take action to avoid being in difficult circumstances.

If you need assistance, contact us for expert advice.

 

Disclaimer: The information provided is not legal advice and is not intended to serve as legal advice. Immigration Solutions Lawyers do not accept any liability for any damages suffered by persons who rely on the general information provided on this website. Liability limited by a scheme approved under Professional Standards Legislation.