June 25th, 2024 at 06:44 am

Australia Big Changes to Visa Conditions from July 2024 | Australia Visa Update

The conditions affecting temporary skilled migrants have been modified by the Department of Home Affairs. Beginning on July 1, 2024, holders of employer-sponsored visas will have an extension to find a new sponsor as part of Australia’s migration plan.

These changes impose conditions 8107, 8607, and 8608, which are the focus of the legislative revisions, on the Temporary Work Skilled Visa Subclass 457, the Temporary Skill Shortage Visa Subclass 482, and the Skilled Employer-sponsored Regional Provisional Visa Subclass 494.

This blog provides a comprehensive summary of the evolving Visa requirements and information that current and prospective migrants should be aware of. The modifications are intended to offer temporary migrant workers greater autonomy and more time to transition between employers.

This modification aims to reduce worker exploitation and ensure that individuals with valid visas may support themselves while seeking new employment opportunities.

Key Changes Under the New Visa Conditions

The following are the main changes made to the new Visa requirements:

1. Extended time frames for visa holders to secure new employment

A visa holder who resigns from their position with their sponsoring employer will have up to 180 days at a time, or 365 days total, throughout the term of the visa grant to locate a new sponsor, apply for a different type of visa, or make plans to depart Australia.

2. The hiring flexibility of visa holders

During this period, holders of a valid visa are permitted to work for other companies, even in roles that are not included on their most recent allowed sponsorship nomination, provided that they are not performing tasks that require licenses or registrations that they do not now possess.

Employment Conditions for Visa Holders

Because of these improvements, visa holders now have more freedom, although they still have certain rules to follow while changing occupations.

• Work with present sponsor: Visa holders are required, unless exempted, to leave their current sponsoring employer before starting a new one.
• Compliance with nominated occupation: Visa holders are required to continue in the career they have selected as long as they are employed by their current sponsor.
• Conditions about registration and licensing: Visa holders are required to abide by all employment-related limitations and rules. They are also prohibited from acting in any position that calls for certain licenses or registrations unless they have those documents.

Any changes to a visa holder’s employment, such as resignation, modifications to their sponsorship status, or cancellation of their sponsorship, must be reported to the Department of Home Affairs by the sponsor within 28 days.

Key Points to Remember

A crucial element of this new Visa requirement is the notification period, which mandates that a Visa holder report any changes in employment status within 28 days. The correspondence should also contain information about any changes, such as the resignation of the visa holder, changes in post, or cancellation of sponsorship.

Australian visa sponsors are required to ensure that their visa holders are following the conditions of their visa, particularly about work and licensing requirements. It is necessary to appropriately verify the legitimacy of the visa holder’s employment in their selected field while working for an Australian employer.

It is incumbent on the Visa holders to maintain any licenses or registrations required for the chosen field of activity.

Impact of Changes on Current and Future Migrants

These changes necessitate a review of sponsorship and employment policies to ensure compliance and support Visa holders during their transition periods. Moreover, the changes to Visa conditions 8107, 8607, and 8608 will apply to both present Visa holders and those who are given a visa on or after July 1, 2024.

It is important to keep in mind that any time a visa holder leaves their employer before July 1, 2024, the additional deadlines outlined in these amendments will not apply. Employers are required to closely monitor the employment of Visa holders to comply with the terms of the Migration Act, which imposes penalties on them. These statutes forbid employers from allowing someone to work without the proper authorization