Changing the worker’s employer for TSS 482
IF you are a TSS 482 visa holder, and want to leave the current employer and work for someone else because certain reasons.
The answer is YES, you can change employers (sponsors), but there are requirement and visa condition you must to meet.
TSS Visa 482 Conditions obligation 8607
On your visa 482, there is a mandatory condition attached, which is 8607. And you should be aware of it to avoid to breach the condition if you terminate the employment or leave your sponsor.
In the plain English it says
(1) the visa holder must work only in the occupation (the nominated occupation)
(2) work only for the employer who nominated the nominated occupation
(3) work only in a position in an employer’ s business;
As your current TSS visa has a condition attached to it (8607), it means that you must work only for your nominated employer.
Changing the worker’s employer TSS 482
IF you want to work for a different employer, you new employer must have a new approved nomination for your position.
Stop employing or sponsoring a worker
If the employer stop employing or sponsoring you or you resign, you and your sponsor must let the department know within 10 days.
The email address specified is firstname.lastname@example.org
How many days you have to change sponsor ?
The employee has 60 days from the date they finish working with the sponsor
- find another approved sponsor to nominate them,
- be granted a different visa, or
- leave Australia
How to change to a new occupation ?
The 8607 condition requires TSS visa 482 must work in the nominated occupation.
To change occupation (as opposed to employer), you must have an employer who has a new nomination approved and a new visa granted before you can start work in a new occupation.
How to change to a new sponsor ?
A new employer who is willing to sponsor you, the business must be (or apply for) an approved TSS Business Sponsor and nominate you for the position.
The sponsor is able to show that the business has a genuine need for someone in the position and evidence that they have tested the market and have found no one locally (Labour Market Testing) with respect to the position.
Changing from a temporary to a permanent visa
If you are holding a Temporary Skilled Shortage visa (subclass 482) or Temporary Work (Skilled) visa (subclass 457) you could be sponsored for permanent residence through:
482 and 457 visa holders – workplace rights
These obligations require your employer to:
- provide you with equivalent pay to that of any Australian employee who has the same occupation as you in your workplace
- only require you to perform duties that relate to your approved occupation
- pay reasonable and necessary travel costs to allow you and your family members to leave Australia, if requested in writing by you, your family or Home Affairs on your behalf
- not make you pay for any costs relating to your recruitment, or the costs associated with the business becoming or being an approved sponsor, including migration agent costs
- make sure that you do not work for any other employers without authorisation
- pay you in a manner that is capable of being verified by an independent person (e.g. electronic funds transfer or cheque).
482 and 457 visa holders
Coronavirus and Australian workplace laws
If your workplace has been impacted by coronavirus,
A number of temporary changes have been introduced due to coronavirus including:
- JobKeeper – changes to the Fair Work Act to support the JobKeeper wage subsidy scheme
- temporary award changes – allowing for temporary workplace flexibility in some awards
- pandemic leave – unpaid and paid pandemic leave (including worker and disaster payments) during coronavirus.