The Temporary Skill Shortage (TSS) visa (subclass 482) came into effect on 18 March 2018, replacing the Temporary Work (Skilled) visa (subclass 457). Condition 8607 is a mandatory condition which requires the holder to be employed in their nominated occupation.
Condition 8607 specifies that:
- The visa holder must only work in their nominated occupation for which they were granted their visa
- The visa holder must commence within 90 days of their visa being granted or from when they arrival in Australia
- The visa holder must not cease employment for more than 60 consecutive days
- The visa holder must hold any important work related licenses, registrations and memberships
Nominated Occupation work requirements
For the short term or medium term stream, the visa holder must only work in their nominated occupation for their sponsoring employer or an associated entity. Exemptions apply for some occupations including General Manager, Chief Executive, Managing Director and medical occupations.
In the case of an overseas business sponsor or under the labour agreement stream, the visa holder must only work for their sponsoring employer. On hire arrangements to third parties are permitted as long as salaries are paid to the sponsoring employer.
If the visa holder wishes to change their occupation, a new TSS 482 visa application will be required. Once a new TSS 482 visa has been granted the applicant can still complete any contractual obligations with the employer eg notice period.
Start work within 90 days
If the visa holder is in Australia at the time of their TSS 482 visa grant, they are required to start work with their sponsoring employer in their nominated occupation within 90 days. If the visa holder is outside Australia, the applicant must commence within 90 days of their arrival in Australia.
The sponsoring employer is required to inform the Department of Immigration if the visa holder does not commence work within the time limit.
If the applicant or sponsor wishes to end employment…
If the visa holder or sponsoring employer wishes to terminate the employment contract, the visa holder will need to find another employer within 60 days and arrange transfer or apply for another visa or leave Australia *in some cases 90 days time will apply to arrange a transfer to another employer
Extended period of unpaid leave may be accepted for exceptional circumstances eg study, sabbatical leave, recreational or holiday leave with no pay, sick leave without pay or maternity/paternity/carer leave. Leave without pay that is agreed by the sponsoring employer will not result in the breach of Condition 8607 as long as arrangements are properly documented and respect formal procedures.
Licence, registration and membership requirements
The visa holder must obtain any licences, registrations or memberships that are mandatory to perform their nominated occupation in the location of their employment within the following time frames:
- If the visa holder is in Australia at the time of visa grant, within 90 days of the visa grant
- If the visa holder is outside Australia at the time of the visa grant, within 90 days of their arrival in Australia
The visa holder must also:
- Continue to hold the licence whilst working in their nominated occupation
- Inform Immigration in writing if their application for a licence is rejected or if their licence is revoked or cancelled
- Comply with all licence conditions and requirements
Read more about the main requirements for employer sponsored visas.
To ensure you obtain precise information for your specific situation please arrange an appointment with our Registered Migration Specialist. Our Migration Specialist will conduct a full migration assessment and advise which visa option or pathway is best for you. Find out more about what a full migration assessment involves.