In a significant win for employer-sponsored visa holders and their employers, the Department of Home Affairs has clarified two crucial policy changes that will provide much-needed flexibility around work rights and employer transitions. These updates impact Subclass 482 (Skills in Demand) and Subclass 186 (Employer Nomination Scheme) visa holders and applicants.
1. Subclass 482 Visa Holders Can Now Continue Working for Prospective Employers While Awaiting Nomination Approval
The Previous Issue: Work Restrictions Creating Financial & Operational Burdens
Previously, Subclass 482 visa holders who left their sponsoring employer had only 60 days (prior to July 2023) and 180 days (post-July 2023) to find a new employer and lodge a new nomination application. However, if their nomination was not processed within that timeframe and the person continued working for a person other than their original sponsor, the Department's position was that the visa holder would be in breach of Condition 8607(5) or 8608(5)—which requires them to cease working if their visa conditions are no longer met.
This placed workers in a precarious position, often forcing them into impractical periods of unemployment or even requiring them to leave the country if their visa was cancelled due to non-compliance. Employers, in turn, faced significant disruptions and were at risk of losing skilled workers simply due to processing delays.
The New Policy: Work Rights Retained While Awaiting Nomination Approval
Following sustained advocacy from the Migration Institute of Australia (MIA), the Department of Home Affairs has now confirmed that Subclass 482 visa holders who have ceased employment with their previous sponsor and have lodged a nomination with a new employer do not need to stop working—even if the 180-day period has lapsed.
What This Means for Visa Holders and Employers:
- Visa holders can continue working for their new employer while their nomination application is pending.
- Employers retain workforce stability, avoiding disruptions due to administrative delays.
- The risk of visa holders falling into non-compliance and facing cancellation has significantly reduced.
This change directly addresses one of the most significant issues faced by employer-sponsored migrants and provides essential continuity in employment.
2. Subclass 186 Visa Applicants Can Now Count Employment Between Nomination Lodgement and Approval Towards Work Experience Requirements
The Previous Issue: Unnecessary Delays in Permanent Residency Pathways
Under the Temporary Residence Transition (TRT) stream of the Subclass 186 (Employer Nomination Scheme) visa, applicants were required to have worked for their employer for at least two out of the three years preceding their visa application.
The Department's previous interpretation of this rule was rigid—only considering work completed resulting from an approved nomination application. This often led to visa holders unnecessarily delaying their Subclass 186 application, even if they had continued working for the employer post-nomination lodgement.
The New Policy: More Flexibility in Work Experience Calculations
From 7 December 2024, the Department has confirmed that work performed between the nomination lodgement and its approval can now be counted towards meeting the two-year work requirement under clause 186.227.
Why This Matters:
- Speeds up permanent residency pathways: Eligible workers no longer need to delay applications due to minor work history gaps.
- Greater flexibility for transitioning employees: Those who have had slight breaks in employment but remained with the same employer can still qualify.
- Employers can retain talent more easily, as skilled workers can now transition more smoothly from temporary to permanent residency.
This clarification corrects an unnecessary bureaucratic hurdle and ensures that skilled migrants who have demonstrated long-term commitment to their Australian employer are not unfairly penalized.
What This Means for Employers & Skilled Workers
These updates represent a practical shift towards greater fairness and flexibility in Australia's employer-sponsored visa framework.
- Subclass 482 visa holders now have assurance that they can continue working while waiting for their nomination to be approved, reducing financial stress and compliance risks.
- Subclass 186 applicants can transition to permanent residency more seamlessly, without arbitrary delays due to strict work history calculations.
- Employers benefit from workforce stability, retaining key talent without unnecessary disruptions caused by rigid administrative rules.
At a time when skilled migration is critical to addressing Australia's workforce shortages, these changes make the employer-sponsored visa system more adaptable and responsive to real-world business needs.
For businesses and visa holders navigating these changes, now is the time to review your sponsorship and migration strategies. If you have questions about how these updates impact your situation, speak with an immigration advisor to ensure compliance and take full advantage of these new flexibilities.
