Losing your job on a Subclass 482 Temporary Skill Shortage (TSS) visa is stressful enough, but what happens when you’ve been unemployed for more than six months and your sponsor has notified the Department? Under section 116 of the Migration Act, the Department has broad powers to cancel a visa when circumstances change, and extended unemployment can trigger these powers. Here’s what you need to know.
Legislative Framework: Section 116 and Regulation 2.43
Two provisions are particularly relevant: Section 116(1)(a) and 116(1)(b) of the Migration Act allow the Department to cancel a visa if the circumstances that permitted grant no longer exist or if there is non-compliance with a visa condition. Regulation 2.43(1)(kc) outlines additional grounds for cancellation based on employment ceasing for certain periods.
The 60/90-Day Cessation Period vs. Extended Unemployment
Condition 8607(5) allows 482 visa holders to cease employment for up to 60 days (or 90 days for visas granted before 1 July 2023) without breaching their visa conditions. However, once this period is exceeded, the visa holder becomes non-compliant. If more than six months have passed since employment ended, the Department may use section 116 to cancel the visa.
When extended unemployment is involved, there are additional risks:
- Visa cancellation under section 116 can lead to a refusal to grant future visas for up to three years under PIC 4013, depending on how the cancellation is recorded.
- Once your visa is cancelled, you become an unlawful non-citizen unless you have a bridging visa in place.
- Future visa options are limited and may require you to leave Australia before applying.
Steps to Take If You’re Unemployed for 6+ Months
- Seek professional advice immediately: An experienced migration agent can assess your situation and recommend the best strategy.
- Look for a new sponsor: If possible, find an employer willing to lodge a new nomination and 482 visa application on your behalf.
- Explore alternative pathways: Depending on your circumstances, other visas (such as partner, student or skilled visas) may be options. A bridging visa may be necessary while a new application is processed.
- Be proactive with the Department: If your employment has ceased, inform the Department of your plans. Demonstrating genuine efforts to regularise your status may assist in discretionary decisions.
Disclaimer: This information is general in nature and should not be taken as legal advice. Individual circumstances vary and professional advice should be obtained before acting on this information.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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