Published on 21 June 2024


In line with the Australian Government’s Migration Strategy, the Department of Home Affairs will implement significant changes to visa conditions 8107, 8607, and 8608 from 1 July 2024. These modifications are designed to address worker exploitation and enhance productivity, reflecting the Department’s ongoing commitment to these issues.

Present work limitations for these visa conditions, among others:

  • 8107 – Your visa requires you to work exclusively for the employer or in the specific role for which it was granted. You cannot work in a different position, for another employer, or independently.
  • 8607 – You must work only in the occupation nominated in your most recent Subclass 482 visa application. You cannot work in a different occupation unless you apply for and are granted a new Temporary Skill Shortage visa.
  • 8608 – You must work only in the occupation nominated in your most recent Subclass 494 visa application. You cannot work in a different occupation unless you apply for and are granted a new Skilled Employer Sponsored Regional (Provisional) visa.

Please refer to the Check Visa Details and Conditions section for further details on visa conditions.

Enhanced Flexibility for Temporary Labour Migrants

The forthcoming adjustments will particularly benefit 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)

Under the new regulations, visa holders who cease employment with their sponsoring employer will now have extended periods to secure new sponsorship, apply for an alternative visa, or make arrangements to leave Australia. Specifically, these visa holders will be granted up to:

  • 180 days at a time, or
  • a total of 365 days across their entire visa duration.

During these periods, visa holders can seek employment with other employers, including in occupations different from those listed in their most recent sponsorship nomination. This change is intended to support visa holders in maintaining financial stability while searching for new employment opportunities.

Ongoing Obligations and Conditions

It is important to note that unless exempted, visa holders are not permitted to commence work with a new employer until they officially cease employment with their sponsoring employer. Additionally, visa holders must continue working within their nominated occupation while employed with their sponsor.

Sponsors must inform the Department of any changes within 28 days, such as ending a sponsorship or a visa holder’s resignation. Detailed information on sponsor obligations can be found under Sponsorship Obligations for Standard Business Sponsors.

Furthermore, visa holders must adhere to all licensing or registration requirements applicable to their nominated occupation, ensuring no breach of conditions or requirements.

Application of Changes

These changes will affect both current visa holders and those granted a visa on or after 1 July 2024. It is important to note that any periods of non-employment with a sponsor prior to 1 July 2024 will not be included in the newly established time allowances.

 

Please note that visa regulations and policies can change, so it’s important to stay up to date with official government sources for the most accurate and current information.

To discuss your options further, please call us on +61 8 6557 6779.