Leaving Your Visa Sponsor (186, 482, 494, 408 Visa) Article By Immigration Agent In Sydney

It is possible for you to leave employment once you have been granted the visa with your sponsor without the Department cancelling or revoking your visa. To stay with your sponsor is not a visa condition. Similarly, there is no requirement that your sponsor employ you for two years. After I have received my visa can I leave my employer/sponsor? It depends.

We will learn the requirement of staying with the sponsor for the following visa subclass:

1) Subclass 482 – Temporary Skill Shortage Visa 2) Subclass 494 – Skilled Employer-Sponsored Regional Visa (Provisional) 3) Subclass 186 – Employer Nomination Scheme Visa 4) Temporary Activity visa (subclass 408) - COVID-19

Subclass 482 – Temporary Skills Shortage Visa:

The Temporary Skills Shortage Visa subclass 482 is a temporary visa. If you would like to maintain your visa status it usually not possible to leave your employer because the Department has strict rules regulating applicant ending their employment. An 8607 condition imposed on all TSS visa. The applicant must work in the nominated occupation to comply with the 8607 condition for the business that is sponsoring them.

This means you cannot do or perform work that is different to your nominated occupation but also you only work for your sponsor. For example, You cannot then be promoted and work as a Corporate General Manager (ANZSCO 111211) if the sponsor hires you to work as an Accountant (ANZSCO 221111). This may lead by the Department cancellation of a visa.

Your new employer must nominate you for the position and they required having a standard business sponsorship. However, it is possible to change your sponsor and leave your employment. Unless your visa is expiring you are not required to lodge a new visa application. You are breaching your visa condition, if you commence work with a new employer before the nomination is approved.

It is also crucial to note it is also crucial to note that the period you cease employment. This is to provide you with time to explore other visa options or to look for another employer. If you cannot find another employer/change visa in 60 consecutive days, your visa may be cancelled. Therefore, as failure to comply with condition 8607 may lead to visa cancellation, it is best for all TSS visa holders before leaving your sponsor to consider all the relevant implications. We recommend talking with Immigration Agent in Sydney before making decision.

Subclass 494 – Skilled Employer Sponsored Regional visa:

The Department has strict rules regulating who the applicant can work for on the 494 visa, Similar to the subclass 482 TSS visa. The condition 8608 is one of the conditions on the subclass 494 visa. It states that the applicant can only work in the business that nominated them in the nominated occupation, like the condition 8607. If the applicant is outside of Australia at the time of the grant, the applicant is also required to commence work with the employer within 90 days on visa arrival or visa grant.

However, before you can start working for your new employer a new nomination is required to be approved. For more than 90 consecutive days you must also not cease employment with the current sponsor.

Subclass 186 - Employer Nomination Scheme Visa:

After you have received your subclass 186 visa if you are thinking of leaving your employer but not sure about implications, we got your covered. Let us go through if you leave your employer what will happen.Subclass 186 Visa is a permanent visa Subclass 186 Visa is a permanent visa allows you to work, live and study indefinitely.

You are required to provide the Department of Home (Department) Affairs with an employment contract, when applying for this visa. It must state on the employment contract that the job position is available to you for at least two years. Show the Department that your employer intends to sponsor you for at least two years is the purpose of the employment contract which is a requirement of the visa. We recommend talking with Migration Agency in Sydney before making decision.

Standard employment rules apply, whilst the employment contract is binding on yourself and your employer. That is, to terminate an employment contract employee and employer are well within their rights. So it is possible for you to leave your sponsor, once you have been granted the visa without the Department revoking or cancelling your visa.

To stay with your sponsor for two years is not a visa condition. Similarly it is not a requirement that for two years your sponsor employs you. Therefore, if you or your employer’s situation changes, the Department would not penalize you for it after the visa is granted. However, visa if you provide incorrect and misleading information to the Department, the Department retains its discretion to revoke or cancel the subclass 186 visa.

If the department is of the view that the application was not genuine the employer may also be sanctioned. For your citizenship application the adverse information could have implications.

For example, shortly after he informed his sponsor that he is leaving employment with them and he obtained his subclass 186 visa. The sponsor was able to locate a contract with another company with another company before his visa was granted than sponsor reports to the Department. In this situation, the Department would question if John Smith has provided misleading and false information to the Department with his intention to work with the sponsor.

In conclusion, it is always better to do the right thing and stay with your employer, whilst the Department is unlikely to cancel or revoke your visa. We recommend talking with Migration Agent in Sydney before making decision.

Subclass 408 - Temporary Activity visa:

A visa holder with condition 8107 for which they were granted the 408 visa (COVID-19) may work in the critical occupation and position.

Visa holders are permitted to work for a different employer in the same critical occupation and position but by completing a form and emailing it DHA must notify the Department of any changes of employment together with their letter of offer for each new employer and position. An auto generated response will serve as confirmation of your update, once you have notified the Department.

Updated grant notifications or individual confirmations will not be provided. Only food processing, aged care, agriculture, health care, child care and disability care is considered to be in a critical sector during the Covid -19 pandemic. We recommend talking with Immigration Agent in Sydney before making decision.