There are many reasons why a 482 visa holder may stop working for the employer that sponsored them. In this article, we outline the steps 482 visa holders and sponsoring employers need to take once the 482 visa holder ceases employment, and the consequences if these steps are not followed.
If you are the visa holder
Under current law, Condition 8607 is attached to the grant of a 482 visa. Condition 8607 states that 482 visa holders must not cease employment for a period that exceeds 60 consecutive days.
If you are a primary Subclass 482 visa holder and you cease to work in the nominated occupation for the employer that nominated you, you have 60 days to do one of the following:
- Find another employer who is willing to nominate you – you will not be able to start working for the new employer until the nomination is approved
- Be granted another type of visa
- Make arrangements to leave Australia
A failure to do any of the above will result in a breach of condition 8607 and the Department may cancel your visa.
If you are the sponsoring employer
If a worker you have nominated on a 482 visa ceases employment, it is part of your sponsor obligations to notify the Department about the cessation within 28 calendar days. Your notification must include when the visa holder's employment ends or is expected to end.
A breach of your sponsorship obligations can have serious consequences, including enforceable undertakings, civil and administrative penalties.
Refunds
Generally, where a nomination has been approved, the nomination fee is not refundable. However, employers may obtain a refund for unused years of the Skilling Australians Fund (SAF) Levy.
If you are unsure of your options and obligations in the event of a cessation of employment or require our assistance in figuring out your next step following a cessation of employment, please do not hesitate to reach out to us.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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