Look, if you hold a sponsored work visa in Australia, this is one of the most important changes in years. From 1 July 2024, visa conditions 8107, 8607, and 8608 work differently. And for once, the change is in your favour.
Before this, losing your sponsor meant scrambling. You had 60 or 90 days to find a new one, apply for another visa, or leave. That was not enough time. I have seen skilled workers forced out of Australia because they could not line up a new sponsor fast enough.
That has changed.
Which Visas Are Affected
These changes apply to holders of employer sponsored visas:
• Temporary Work (Skilled) visa (Subclass 457)
• Temporary Skill Shortage visa (Subclass 482)
• Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494)
If you hold one of these, keep reading.
The New Flexibility: 180 Days
If you stop working for your sponsoring employer, you now have:
• Up to 180 days at a time to find a new sponsor, apply for a different visa, or arrange to leave Australia
• A maximum of 365 days total throughout the entire visa grant period
Here is the part that matters: during this period, you can work for any employer. Any job. It does not need to be in your nominated occupation. You are not stuck waiting without income while you search for a new sponsor.
That is a significant shift. It means you can support yourself and your family while sorting out your next move.
The Rules You Must Follow
This flexibility comes with conditions. Get these wrong and you breach your visa:
• You cannot work for another employer while still employed by your sponsor
• While working for your sponsor, you must stay in your nominated occupation
• You must not work inconsistently with licensing or registration requirements for your nominated occupation
The 180-day clock only starts when your employment with the sponsor actually ends. Not when you start looking. Not when things get difficult. When it ends.
What Sponsors Need to Know
Sponsors still have obligations. You must notify the Department within 28 days if:
• The sponsorship arrangement ceases
• The visa holder resigns
• You terminate their employment
Fail to notify and you risk your sponsorship approval for future workers.
Who This Applies To
Both current visa holders and those granted a visa on or after 1 July 2024.
If you had periods of unemployment before 1 July 2024, those do not count towards the new time limits. The clock reset.
What Should You Do
If your employment situation is uncertain, or you are thinking about leaving your sponsor, you now have more room to move. But "more flexibility" is not "no rules". The conditions still apply. Breach them and you are looking at visa cancellation.
If you are unsure where you stand, book a consultation. We will look at your specific situation and make sure you understand exactly what you can and cannot do.
This article provides general information only and does not constitute legal advice. For advice on your specific circumstances, book a consultation.
