One of the most critical conditions attached to Subclass 482 (Temporary Skill Shortage) visas is condition 8607, which relates to employment cessation. Understanding this condition is essential to avoid visa cancellation.
The 180-Day Rule Explained
Under condition 8607(5), a Subclass 482 visa holder may cease working for their sponsor for up to 180 days at a time. However, there’s a common misunderstanding about what this means.
The condition allows the visa holder to be unemployed from their sponsor’s employment for 180 days — it does not mean they can work for another employer for 180 days. If a visa holder has been unemployed for 80 days, for example, they would technically only have 100 days remaining in which they could work for another business while seeking a new nomination.
Cancellation Risks
When a visa holder has been unemployed for more than 180 days, they are in breach of their visa conditions and may face cancellation under s116 or s128 of the Migration Act. The Department does not always require a Notice of Intention to Consider Cancellation (NOITCC) before cancelling under s128.
If the former sponsor has notified the Department of employment cessation, the visa holder faces real risk of cancellation at the border if they attempt to travel.
Best Practice
If changing employers, visa holders should secure a new nomination from a new sponsor before the 180-day period expires. If employment has already ceased for an extended period, it may be safer to apply for a new Subclass 482 visa from offshore rather than attempting to travel on the existing visa.
Disclaimer: This is general advice 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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- The Pathway from 482 to 186 TRT — Meeting the Two-Year Requirement
- Natural Justice Letters for Minor Secondary Applicants — PIC 4005 Considerations
- Visa Status of Children Born in Australia to Temporary Visa Holders
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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