Changing Sponsors on a TSS 482 Visa

We’re often asked this question by TSS 482 visa holders who want to leave their current employer and work for someone else. They may be unhappy with their employer, want to change positions and roles, or they have received a better job offer.

The answer is that it is possible to change employers (sponsors), but there are rules and regulations which must be met. You and your proposed employer should proceed this carefully to avoid breaching your current visa condition and sanctions which might be applied to your new employer.

Upcoming change in 2023: People working on Temporary Skilled Shortage visas will have six months instead of 60 days to be without an employer. During this period, they will have work rights. No date for the introduction of these changes has been provided.

How to change your sponsor?

In order to change the employer while holding a visa subclass 482, your new employer needs to be willing to sponsor you and lodge a nomination for you. You cannot work for your new employer until a (favourable) decision is made on a new nomination application lodged by your proposed employer.

During the processing time of the new nomination, you must continue to work for your current employer, or if you decide to leave your work, you must ensure that the period during which you cease employment must not exceed 60 consecutive days, which is out of your control as the new nomination processing time is at the discretion of the Department of Home Affairs. Therefore, the safest way is to continue to work for your current sponsor until the new nomination is approved.

Process to change sponsor while holding a TSS visa

What if you change start your new work before the new nomination?

If you start working for a new employer without an approved nomination lodged by your new employer, you are in breach of condition 8607, and the new employer risks sanctions and fines it employs a visa holder in breach of the work conditions.

Breaching a visa condition may jeopardise your visa situation. The risk includes:

  • Your current visa may be cancelled if the Department is aware of the breach of condition, under section 116(b) of the Migration Act 1958.
  • If you are applying for a new TSS visa, any previous failure to comply with visa conditions will be considered as part of the decision-making process against you.

Exempt Occupations

There are a number of occupations which do not require the visa holder’s to work for the business of the sponsor or an associated entity of the sponsor. This enables the TSS visa holder to be engaged as an independent contractor by the sponsor or an associated entity of the sponsor and may work for multiple employers, either simultaneously or consecutively. Therefore, if you are working under any of the below occupations, you will not need to have a new nomination when you change your employer.

Specified occupations
 

Item

Column 1

Occupation

Column 2

ANZSCO Code

1 chief executive or managing director 111111
2 corporate general manager 111211
3 general medical practitioner 253111
4 resident medical officer 253112
5 anaesthetist 253211
6 specialist physician (general medicine) 253311
7 cardiologist 253312
8 clinical haematologist 253313
9 medical oncologist 253314
10 endocrinologist 253315
11 gastroenterologist 253316
12 intensive care specialist 253317
13 neurologist 253318
14 paediatrician 253321
15 renal medicine specialist 253322
16 rheumatologist 253323
17 thoracic medicine specialist 253324
18 specialist physician (nec) 253399
19 psychiatrist 253411
20 surgeon (general) 253511
21 cardiothoracic surgeon 253512
22 neurosurgeon 253513
23 orthopaedic surgeon 253514
24 otorhinolaryngologist 253515
25 paediatric surgeon 253516
26 plastic and reconstructive surgeon 253517
27 urologist 253518
28 vascular surgeon 253521
29 dermatologist 253911
30 emergency medicine specialist 253912
31 obstetrician and gynaecologist 253913
32 ophthalmologist 253914
33 pathologist 253915
34 diagnostic and interventional radiologist 253917
35 radiation oncologist 253918
36 medical practitioners (nec) 253999
Can you return and work for the previous employer?

Once the new nomination is approved, you must work for your new employer. You cannot return and work for your previous employer unless a further nomination is approved for that employer.

What if you do not change your sponsor, but your sponsor has changed their entity?

Where there are changes to the business arrangements of the sponsor, it is possible that the visa holder may find themselves working for a new employer.

If a sponsor (whether a standard business sponsor or a party to a labour agreement) changes its business name or structure but retains its original ABN, this may not be regarded as a change of sponsor because the legal entity of the sponsor has potentially remained the same. As a result, a subclass 482 holder could continue to work for the business and not breach 8607.

The situation may, however, be different if a sponsor:

  • is taken over by another business and registers under a different ABN; or
  • is amalgamated into a business and:
    • adopts the subsuming business’ ABN; or
    • retains the existing ABN.

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