Are you interested in going to Australia for work or with any sponsorship? Have you heard of Condition 8607 which comes with subclass 482?
Subclass 482 Temporary Skill Shortage (TSS) visas are popular pathways to Australia for skilled workers. It can be challenging to navigate the visa conditions, especially when it comes to Condition 8607.
Condition 8607 is an important requirement that visa holders must fulfill during their stay in Australia. Whether you are considering applying for a TSS 482 visa or are already a visa holder.
This blog will provide you with valuable insights to ensure a smooth and compliant experience in Australia.
The holder must be actively engaged in the nominated occupation (as per prerequisite 8607), which is a necessary prerequisite.
The condition states clearly:
- The visa holder can only work in the field for which the visa was originally approved.
- The visa holder must begin their stay in Australia no later than ninety days after their visa is approved or from the date they arrive in Australia.
- The visa holder cannot take more than 60 days of work without reapplying.
- Important licenses, registrations, and memberships relevant to the visa holder’s profession must be in good standing.
Work requirements for Nominated Occupation
- Visa holders are restricted to performing the duties of their selected occupation exclusively for their sponsoring employer.
- This is during the visa validity, whether it be short or medium-term.
- Some jobs, like general manager, chief executive officer, managing director, and medical doctor, are exempt.
- Those who obtain their visa through a foreign company or a labor contract are restricted to working only for their sponsoring employer.
- On-hire arrangements with third parties are acceptable as long as salaries are provided to the sponsoring employer.
- If the visa holder wants to switch careers, a fresh application for a TSS 482 visa will be required.
- Once the TSS 482 visa is issued, the applicant can still fulfill his or her contractual duties to his or her
Get Hired in 90 Days
- If the TSS 482 visa holder is already present in Australia at the time of issuance.
- Must begin working for sponsors in the selected occupation under 90 days.
- If the visa holder is currently located outside of Australia, they must begin work within 90 days of entering the country.
- If the visa holder does not start working within the allotted time, the sponsoring business must notify the Department of Immigration.
The applicant or the sponsor leaves the position
- If the visa holder or sponsoring employer wants to end the employment contract, the visa holder has 60 days to arrange a transfer to an alternative
- He can also apply for an updated visa, or leave Australia. In other situations, the time limit is 90 days.
- During school breaks, medical leave, or parental leave employees allow to take off without pay.
- If the sponsoring employer approves unpaid leave and it is fully recorded and follows official procedures, this will not violate Condition 8607.
Membership, Registration, and Licenses are Necessary
In order to practice their occupation at their workplace, the visa holder must obtain any necessary licenses, registrations, or memberships within the following time limits.
- If the visa recipient is already in Australia at the time their visa is approved, they must leave the country within 90 days.
- If the visa recipient is currently located outside of Australia when the visa is issued, they must enter the country within 90 days.
The visa applicant also has to:
- Maintain a valid license at all times while engaged in their designated line of business
- If their application for a license is denied, or if their license is withdrawn or cancelled, they must notify Immigration in writing.
- Obey all license terms and conditions.
- Primary TTS visa holders who want to switch careers must have their nomination submitted and approved by their current sponsor.
- Apply with a new visa application for getting benefit from this nomination
- Please note that prior to beginning employment in the upcoming occupation, both the application nomination and visa application must be granted.
- Primary TTS visa holders cannot switch jobs during their visa period.
- This is unless and until their nomination is approved for their (proposed) new employer.
- A visa holder will violate condition 8607 if they begin working for their first employer before the nomination is granted.
- In the event of an employee’s involuntary termination. The employee notifies the Department of Home Affairs and requests priority processing of the original nomination/visa.
Performing Higher Duties
The policy allows a primary visa holder to temporarily take on additional responsibilities if:
- The sponsored individual accepts the expanded responsibilities
- The sponsored individual’s higher-level appointment is for no more than two months
- Temporary arrangements, including the length of increased duties and any additional income provided, are documented.
What To Do Next!
Condition 8607 of the TSS 482 visa is a crucial requirement for both employers and visa holders in Australia. This condition aims to protect temporary skilled workers’ rights and ensure that they are not exploited or subjected to unfair working conditions.
- We recommend that you schedule an appointment with a Registered Migration Specialist to obtain precise information regarding your specific situation.
- Based on your needs, we’ll assess your immigration options and recommend the most appropriate way for you.
- Get a full understanding of what a migration assessment entails.
FAQs(Frequently Asked Questions) Related to Condition 8607
Q1: Can I apply for a permanent residency visa after the expiration of my Visa Subclass 482?
A1: Yes, it is possible to apply for a permanent residency visa after the expiration of your Visa Subclass 482. However, the specific requirements and pathways to permanent residency may vary depending on your circumstances and eligibility.
Q2: Is it possible to work remotely for an overseas employer while holding a Visa Subclass 482?
A2: No, Condition 8607 of the Visa Subclass 482 requires visa holders to work only for the sponsoring employer or associated entities in Australia. Working remotely for an overseas employer would be in violation of this condition.
Q3: Can I bring my partner to Australia if they are not legally married to me?
A3: Yes, you can bring your de facto partner to Australia on a Visa Subclass 482 if you can demonstrate that you have been in a genuine and continuing relationship akin to a marriage for at least 12 months.
Q4: Can I apply for a subsequent Visa Subclass 482 after my current one expires?
A4: Yes, you may be eligible to apply for a subsequent Visa Subclass 482 after the expiration of your current one, provided you meet the relevant criteria and have a sponsoring employer willing to sponsor you for another term.