TSS 482 CHANGING EMPLOYER SPONSORS

Temporary Skill Shortage visa (subclass 482) – change sponsors

TSS Visa 482 Change Employer

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 sponsor.notifications@abf.gov.au

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:

  • Can I change employer on 482 visa?List Title 1

    Yes. Once the new employer has the nomination and visa have been approved, you may move to the new employer.

  • Can 457 visa change employer?

    Yes, same like 482, you can switch employers on a 457 visa. Your new employer must be an approved sponsor and nominate your occupation.
  • Can 482 visa be renewed?

    The short-term stream of the 482 Visa, the occupation is on the short occupational list has a duration of two years and might be renewed from within Australia only once.
  • Can I apply PR after 482 visa?

    IF you are on a medium Term TSS 482 Visa and have 3 years working experience, you can apply for a pathway to permanent residency through the Employer Sponsored Temporary Transition Stream (ENS/RSMS)

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.