Understanding Nomination Transfer Timeframes and Department Flexibility
For subclass 482 and 494 visa holders who need to change employers, the 180-day rule under Conditions 8607(5) and 8608(5) is a critical consideration. Recent developments have brought good news for visa holders caught in processing delays.
The 180-Day Requirement:
Visa holders who have stopped working for their sponsor must generally lodge a new nomination application within 180 days. This prevents visa holders from remaining in Australia indefinitely without employer sponsorship.
Positive Developments:
Following advocacy from the Migration Institute of Australia, the Department has adopted a commonsense approach. Visa holders who have lodged a nomination application to change employers are not expected to cease working for their prospective sponsor, even if the Condition 8607(5) and 8608(5) timeframes have lapsed, provided the nomination was lodged within the required timeframes.
What This Means:
If you’ve changed sponsors, lodged your nomination transfer within 180 days, but processing delays mean the nomination hasn’t been approved before the 180-day limit expires, you can continue working for your new employer while waiting for the nomination decision.
Key Takeaway:
The critical factor is when the nomination application was lodged, not when it was approved. As long as lodgement occurred within the required timeframe, visa holders are protected from adverse consequences due to processing delays beyond their control.
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.
Related Articles You May Find Useful
- Subclass 407 Training Visa Requirements for Cooks Without Qualifications
- Work Experience Requirements for the New 482 SID Visa
- Bridging Visa A for Dependent Children in 482 Visa Applications
- Skills Assessment Requirements for Subclass 186 Direct Entry: What Counts as Post-Qualification Experience?
- 186 TRT Stream: Can You Change Occupations and Still Qualify?
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.
Clear advice. Practical next steps.
Discuss your circumstances with a registered migration agent
Book a focused 30-minute consultation to understand the options, risks and evidence relevant to your matter.