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Recent Changes in Australia Visa Conditions 8107, 8607 and 8608 in 2024


June 23rd, 2024 at 03:59 am

Recent Changes in Australia Visa Conditions 8107, 8607 and 8608 in 2024

Visa Conditions 8107, 8607, and 8608 are changing. As part of the Australian Government’s Migration Strategy, major modifications to visa conditions 8107, 8607, and 8608 will go into effect on July 1, 2024. These changes attempt to reduce worker exploitation while increasing productivity. Here’s what you should know about the planned changes and their repercussions.

Overview of current visa conditions (8107, 8607, and 8608).

Visa Condition 8107 – Work Limitation:

Visa holders subject to condition 8107 are obligated to work exclusively for their sponsoring employer in the position for which the visa was granted. They must not work for another company or in a different position or occupation. This criterion guarantees that the visa holder’s employment aligns with the purpose for which the visa was given.

Visa Condition 8607: Must only work in the nominated occupation.

Condition 8607 requires visa holders under subclass 482 (Temporary Skill Shortage) to work exclusively in the occupation specified in their most recent visa application. They must start working within 90 days of landing in Australia or acquiring their visa. Employment cannot be interrupted for more than 60 days in a row unless certain exclusions apply.

Visa Condition 8608: Must work only in the nominated occupation.

Similar to requirement 8607, visa holders under subclass 494 (Skilled Employer Sponsored Regional (Provisional)) must only work in their designated occupation. They must start working within 90 days of arriving in Australia or acquiring their visa, and they must not stop working for more than 90 days without an acceptable exception.

Additional visa conditions are available at the following link: immi.homeaffairs.gov.au.

Key Changes Effective July 1, 2024

Extended Timelines for Finding New Employment:

Visa holders who quit their sponsoring employer will now have up to 180 days at a time, for a total of 365 days within the visa grant period, to find a new sponsor, apply for a different visa, or depart Australia. This modification provides more flexibility and support to visa holders during transitional periods.

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Flexibility in working for other employers:

During the authorized period, visa holders may work for other employers, including in occupations not indicated in their most recent sponsorship application. This policy ensures that visa holders may support themselves while they seek new sponsorship, lowering the risk of exploitation.

Sponsor Obligations:

Sponsors must notify the Department of Home Affairs within 28 days of any changes in the visa holder’s job circumstances, such as sponsorship termination or resignation. This keeps the department informed and allows it to take appropriate action if needed.

Licensing and Registration Compliance:

Visa holders must follow licensing and registration procedures for their occupation. Visa holders must obtain and comply with any obligatory licenses, registrations, or memberships. Failure to do so may result in an inability to execute their work legally.

Affected Visas

The amendments are especially applicable to holders of the following visas:

  • Temporary Work (Skilled) Visa (Subclass 457)
  • Temporary Skill Shortage Visa (Subclass 482)
  • Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494)

Important points for 457, 482, and 494 visa holders.

  • A visa holder is not able to work for another employer until they have completed their employment with their sponsoring employer unless they are exempt.
  • Visa holders must continue to work in their designated profession while working for their sponsoring business.
  • Visa holders are barred from working in jobs that conflict with any licenses or registrations required for their chosen profession. This includes any terms and limitations attached to their visas.

Important Points Regarding Sponsors

Sponsors must still notify the agency within 28 days of any changes to the circumstances. This occurs when a visa holder resigns or the sponsorship stops. For further information, see the official website: Sponsorship Obligations for Standard Business Sponsors.

Transitional and Additional Changes

The amendments will apply to both current visa holders and those awarded visas on or after July 1, 2024. Importantly, any periods in which a visa holder was not working for their sponsor before July 1, 2024, will not be included in the new time limits.

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In addition to the aforementioned adjustments, the work experience requirement for the Temporary Skill Shortage (subclass 482) visa will be reduced from two to one year for all applicants beginning November 23, 2024. This change is designed to enlarge the pool of qualified applicants, allowing for a more dynamic and flexible workforce in Australia.

Practical implications for visa holders and sponsors.

Visa Holders:

  • Visa holders should plan job searches and transitions within the new periods.
  • Maintain compliance with license and registration requirements.
  • Understand your ability to work with different employers during transitional periods.

Sponsors:

  • Stay up to date on the requirements to report changes in the employment status of sponsored workers.
  • Assist visa holders during transitions to ensure they comply with new conditions.

Conclusion

The revisions to visa conditions 8107, 8607, and 8608 represent the Australian government’s commitment to promoting labour market mobility, lowering worker exploitation, and increasing productivity. Understanding and adjusting to these new restrictions will allow visa holders and sponsors to efficiently manage the changes while continuing to contribute to Australia’s thriving and diverse workforce.

Frequently Asked Questions.

Which Visas Will Be Affected by Changes to Visa Conditions 8107, 8607, and 8608?

The following visas will be affected by the modifications in visa conditions 8107, 8607, and 8608.

  • Temporary Work (Skilled) Visa (Subclass 457)
  • Temporary Skill Shortage Visa (Subclass 482)
  • Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494)

How much time will it take to find a new sponsor for subclass 457, 482, and 494 visa holders?

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The visa holders of 457, 482 and 494 will receive:

You can stay for 180 days at a time or up to 365 days total during your visa grant period.
During this time, visa holders may work for other employers.

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