Regional Employer Sponsored (subclass 494) visas carry condition 8608, which requires the visa holder to work only for the sponsoring employer. If they stop working, they have 90 days (recently extended to 180 days) to find a new sponsor and have a nomination lodged. A common concern is whether the visa holder must cease work if the new nomination is not approved within that period. This article explains how condition 8608 494 visa rules apply when changing employers.
Condition 8608 494 visa policy allows continued work while a new nomination is pending.
Can You Keep Working Under Condition 8608 on a 494 Visa?
According to Departmental announcements, visa holders do not need to stop working for a prospective sponsor while their new nomination is pending, even if the 180-day period lapses. The Department recognises that nomination processing times can be lengthy, and it would be unfair to penalise applicants because of administrative delays.
For the permanent subclass 191 application (after three years), the applicant must still demonstrate substantial compliance with conditions. This means you should avoid gaps in employment and ensure nominations are lodged as quickly as possible. Overall, the policy gives 482 and 494 holders peace of mind that they can continue working during nomination processing without breaching their visa.
Careful record-keeping of employment periods helps demonstrate compliance with visa conditions at later stages.
How VisaTasker Can Help
Australian migration rules can be complex, and every situation is different. Our registered migration agents can review your circumstances and provide clear, practical advice on the best pathway forward for you.
Disclaimer: This article contains general information only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents.
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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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