From 1 July 2024, significant changes will be implemented to visa conditions 8107, 8607, and 8608 as part of the Australian Government’s Migration Strategy. These changes aim to tackle worker exploitation and enhance productivity. Here’s what you need to know about the upcoming adjustments and their implications.
Visa conditions 8107, 8607 and 8608 are changing
Overview of Current Visa Conditions (8107, 8607 and 8608)
Visa Condition 8107 – Work Limitation:
Visa holders under condition 8107 are required to work exclusively for their sponsoring employer in the position for which the visa was granted. They must not work for a different employer or in a different position or occupation. This condition ensures that the visa holder’s employment is consistent with the purpose for which the visa was issued.
Visa Condition 8607 – Must Only Work in Nominated Occupation:
For visa holders under subclass 482 (Temporary Skill Shortage), condition 8607 mandates that they work only in the occupation nominated in their most recent visa application. They must start work within 90 days of arriving in Australia or receiving their visa. Employment must not be interrupted for more than 60 consecutive days unless specified exemptions apply.
Visa Condition 8608 – Must Work Only in Nominated Occupation:
Similar to condition 8607, visa holders under subclass 494 (Skilled Employer Sponsored Regional (Provisional)) must work only in their nominated occupation. They must begin work within 90 days of arriving in Australia or receiving their visa and must not stop working for more than 90 consecutive days without appropriate exemptions.
You can find additional visa conditions at the following link: immi.homeaffairs.gov.au.
Key Changes Effective from 1 July 2024
- Extended Timeframes for Finding New Employment:
- Visa holders who cease employment with their sponsoring employer will now have up to 180 days at a time, or a maximum of 365 days in total across the visa grant period, to find a new sponsor, apply for a different visa, or arrange to leave Australia. This change offers greater flexibility and support for visa holders during transitional periods.
- Flexibility to Work for Other Employers:
- During the allowed period, visa holders can work for other employers, including in occupations not listed in their most recent sponsorship nomination. This provision ensures that visa holders can support themselves while seeking new sponsorship, thereby reducing the risk of exploitation.
- Sponsor Obligations:
- Sponsors must notify the Department of Home Affairs within 28 days of any changes in the visa holder’s employment situation, such as cessation of sponsorship or resignation. This ensures that the department remains informed and can take appropriate action if necessary.
- Licensing and Registration Compliance:
- Visa holders must not engage in work that is inconsistent with the licensing or registration requirements of their occupation. If a license, registration, or membership is mandatory, visa holders must obtain and comply with it. Failure to do so could result in the inability to perform their job legally.
Affected Visas
The changes specifically apply to holders of the following visas:
- Temporary Work (Skilled) visa (subclass 457)
- Temporary Skill Shortage visa (subclass 482)
- Skilled Employer Sponsored Regional (provisional) visa (subclass 494)
Transitional and Additional Changes
The changes will apply to both existing visa holders and those granted a visa on or after 1 July 2024. Importantly, any periods during which a visa holder was not working for their sponsor before 1 July 2024 will not count towards the new time periods.
In addition to the above changes, the work experience requirement for the Temporary Skill Shortage (subclass 482) visa will be reduced from two years to one year for all applicants starting from 23 November 2024. This adjustment is expected to increase the pool of eligible applicants, facilitating a more dynamic and flexible workforce in Australia.
Practical Implications for Visa Holders and Sponsors
- Visa Holders:
- Plan job searches and transitions within the new timeframes.
- Ensure compliance with licensing and registration requirements.
- Understand the flexibility to work for other employers during transitional periods.
- Sponsors:
- Stay informed about the obligations to report changes in the employment status of sponsored workers.
- Support visa holders through transitions to ensure compliance with new conditions.
Conclusion
The changes to visa conditions 8107, 8607, and 8608 reflect the Australian Government’s commitment to improving labour market mobility, reducing worker exploitation, and driving productivity. By understanding and adapting to these new regulations, both visa holders and sponsors can navigate the changes effectively and continue contributing to Australia’s vibrant and diverse workforce.
For more detailed advice and assistance, contact Kris Ahn Lawyers. Our team of experts is here to help you understand these changes and ensure compliance with all new regulations.
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
