In a significant update, the Department of Home Affairs has confirmed that Subclass 482 (Temporary Skill Shortage and Skills in Demand) and Subclass 494 (Skilled Employer Sponsored Regional) visa holders are not required to cease working for a prospective sponsor while awaiting the approval of a nomination transfer, even if the required timeframes have expired.
Previously, visa holders who had ceased employment with their original sponsor and lodged a nomination to change employers risked being in breach of visa conditions if the new nomination had not yet been approved within the timeframe (180 days since ceasing employment with their previous sponsor).
What is new?
The Department has now confirmed that it does not expect Subclass 482 and 494 visa holders to stop working for their new employer during nomination transfer processing.
This means that visa holders who have already ceased employment with their previous sponsor and lodged a new nomination can continue working, even if the Condition 8607(5) or 8608(5) timeframe has lapsed.
This removes a significant burden from visa holders and employers, ensuring that individuals retain work rights and income while awaiting nomination decisions.
This update provides greater certainty and helps ensure visa holders are not penalised due to administrative processing delays, while also supporting continuity of workforce planning for employers.
Additional update: 186 visa work experience clarification
The Department has also provided clarity on the work experience requirement for Subclass 186 (Employer Nomination Scheme) visa applicants, effective from 7 December 2024.
Applicants are no longer required to have worked with the same employer for two years in the three years before applying.
The Department confirmed that time spent working for a new employer while waiting for nomination approval will count towards meeting the experience requirement.
This change supports smoother transitions for sponsored workers and reduces barriers for those changing employers.
Need help navigating nomination transfers or employer-sponsored visas?
Absolute Immigration’s team of strategic migration experts can provide tailored support to ensure your business remains compliant and your workforce stays secure.
If your business or employees are impacted by these changes or require assistance in managing nomination transfers, please contact our expert team today at aisupport@absoluteimmigration.com
