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Changes to Visa Conditions 8107, 8607, and 8608 Enhance Worker Mobility and Address Exploitation

Effective July 1, 2024, the Australian Government is implementing significant changes to visa conditions 8107, 8607, and 8608, aimed at bolstering worker protections and boosting productivity within the country's migration strategy.

Who Will Be Affected?

 

These changes primarily impact 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)

 

Key Improvements Introduced

1. Extended Timeframes for Job Transition: Visa holders who cease employment with their sponsoring employer now have increased flexibility in finding new employment or alternative visa arrangements. They will be granted:

·         Up to 180 days at a time, or

·         A maximum of 365 days in total over the entire visa grant period.

This extension allows visa holders more time to secure a new sponsor or make arrangements to depart Australia, thereby supporting labor market mobility.


2. Permission to Work for Other Employers: During the transition period, visa holders are permitted to work for employers other than their sponsoring employer. This includes occupations that may not be listed in their most recent sponsorship nomination. This change ensures that visa holders can sustain themselves while actively seeking new sponsorship opportunities.


3. Obligations for Sponsors: Sponsoring employers are mandated to report any changes in circumstances to the Department of Home Affairs within 28 days. This requirement includes instances where sponsorship ceases or when a visa holder resigns. These measures uphold accountability and compliance with visa conditions.


4. Occupational Requirements: Visa holders must adhere to all licensing and registration requirements pertinent to their nominated occupation. This ensures that the work they undertake remains consistent with the skills and qualifications stipulated in their visa application.

 

Implementation Details

•  Applicability: The revised conditions apply to current visa holders and those granted visas on or after July 1, 2024.


• Exclusion of Previous Periods: Any periods during which a visa holder ceased employment before July 1, 2024, will not count towards the newly extended timeframes.


These adjustments signify the Australian Government's commitment to supporting temporary migrants while maintaining integrity within the labor market. By facilitating smoother transitions between employers and providing extended job search periods, these changes aim to curb worker exploitation and promote economic efficiency. For more detailed information, sponsors, and visa holders are encouraged to refer to the Department of Home Affairs guidelines on sponsorship obligations. In summary, the updates to visa conditions 8107, 8607, and 8608 represent a proactive step towards enhancing the rights and opportunities of temporary migrants in Australia's evolving workforce landscape.

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