Increased Flexibility for Temporary Work Visa Holders: Key Changes Effective 1 July 2024

In a staggering study published by the Grattan Institute last year it was found that in 2018 between 490,000 and1.26 million workers in Australia were paid less than the minimum wage, highlighting the urgent need for reforms in worker protections. As part of its ongoing efforts to tackle worker exploitation and enhance productivity, the Australian Government has announced significant changes to visa conditions 8107, 8607, and 8608, effective from 1 July 2024.

New Visa Rules Effective 1 July 2024: What You Need to Know

From 1 July 2024, Temporary Work (Skilled) (Subclass 457) visa holders, Temporary Skill Shortage (Subclass 482) visa holders and Skilled Employer Sponsored Regional (provisional) (Subclass 494) visa holders who stop working with their employer sponsor will have more time to find a new sponsor, apply for a different visa or arrange to depart Australia.

Protecting Temporary Workers: More Time to Secure Employment

These changes are crucial for existing and new Visa Holders with employer sponsors aiming to provide greater flexibility and protection for workers, and ensuring they have the support they need while transitioning between employers.

Greater Worker Flexibility to Find a New Sponsor: From 60 to 180 Days

From 1 July, 2024, visa holders who cease employment with their sponsoring employer will have up to 180 days at a time, or a maximum of 365 days in total, across their entire visa grant period to find a new sponsor without waiting for a new nomination to be approved, apply for a different visa, or arrange to leave Australia. Simply this means that applicants will have more time to find a new sponsor/employer and work in an occupation not listed in their most recently approved nomination or apply for another visa to remain in Australia. Currently, applicants only have 60 days to find a new sponsor or apply for another visa. The 60-day time restriction provded very challenging as it was practically difficult for visa holders to find a new sponsor in this timeframe or evaluate their other options. Additionally, visa holders are currently only permitted to commence working for their new sponsor after a new nomination is approved. This requirement will also be removed, allowing visa holders to continue working for a new employer even before a new nomination is approved.

Empowering Workers: Visa Reforms Allow Immediate Employment with New Sponsors

These changes are intended to give workers ample time to secure new employment without the immediate threat of visa cancellation. It also allows them to work for another employer while they secure another sponsorship, including in a different occupations from that approved in their most recently approved nomination.

Balancing Compliance and Flexibility in New Visa Regulations

It should however be noted that before the visa holder can start working for another employer, they must first stop working for the previous employer. A visa holder cannot work for two employers concurrently unless an exemption applies. Moreover, visa holders must remain in their nominated occupation while working for their existing sponsor.

How Visa Changes Align with Australia’s Broader Migration Strategy

This increased flexibility helps reduce the stress and uncertainty for visa holders, allowing them to maintain financial stability while seeking new opportunities. It also supports the government’s aim to curb exploitation by giving workers the time to find new employment. This welcome change aims to prevent visa holders from being coerced into unfavourable work situations under pressure with only 60 days to find a new sponsor or apply for another qualifying visa.

Employer Obligations and Notification Requirements

Employer Sponsors must still notify the Department of any changes in the visa holder’s employment status within 28 days, including cessation of sponsorship or if a visa holder resigns.

Ensuring Legal Compliance

Visa holders must not undertake any work inconsistent with the licensing or registration requirements for their nominated occupation. They must also adhere to any conditions or requirements associated with their occupation. These stipulations ensure that visa holders remain qualified and legally compliant in their professional roles, protecting both the workers and the standards of the occupations they hold.

These updates were also highlighted on the Department's website as part of the New Migration Strategy.

Understanding these new visa regulations and how they impact your situation can be complex. Whether you are a visa holder seeking guidance or an employer needing compliance assistance, our expert team is here to help. Reach out to us today for personalised advice and support to ensure you navigate these changes smoothly and confidently.

Contact us now to schedule a consultation and get the professional guidance you need.

Note: The information provided in this article is meant for general informational purposes only and should not be interpreted as legal advice. Although we strive to provide accurate and useful information, the nuances of Australian immigration law demand personalised advice from legal professionals. Given the dynamic nature of migration regulations, it is essential to consult with experienced immigration experts for up-to-date insights tailored to your individual circumstances. We strongly advise seeking professional guidance to navigate the complexities of Australian immigration law effectively and to achieve the most favorable outcomes for your immigration journey.