Condition 8608 work rights are a key concern for 482 and 494 visa holders changing employers while nominations are pending.
Condition 8608 Work Rights When a New Nomination Is Lodged
Condition 8608 (for 494 visas) and condition 8607 (for 482 visas) require visa holders to work only for the nominating employer. Historically, if a visa holder stopped working for the sponsor, they had 60 days to find a new sponsor. Policy has since extended this period to 180 days. Many visa holders were unsure whether they had to stop working once the 180-day period lapsed if the new nomination was still pending.
The Department now confirms that 482 and 494 visa holders can continue working for a prospective sponsor once they lodge a new nomination, even if the 180-day period expires. This prevents workers from being disadvantaged by processing delays. When applying for the regional subclass 191 permanent visa after three years, applicants should demonstrate they substantially complied with their visa conditions.
Recent policy clarification confirms that condition 8608 work rights allow continued employment once a new nomination is lodged.
Practical Guidance
• Lodge the new nomination within 180 days of ceasing employment with the current sponsor.
• Continue working for the prospective sponsor while the nomination is assessed – you do not need to stop at day 180.
• Keep evidence of continuous employment and compliance for the future subclass 191 application.
Why Policy Clarification Matters for Visa Holders
Before this clarification, many visa holders stopped working unnecessarily once the 180-day period expired, despite having a nomination lodged. The updated approach recognises processing delays outside the applicant’s control and ensures continued lawful employment. Maintaining clear evidence of nomination lodgement and continuous employment is critical for future permanent residence pathways.
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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