Do you know what are the key changes to the Visa conditions 8107, 8607 and 8608?
Starting July 1, 2024, the Australian Government is rolling out significant updates to visa conditions, aimed at protecting workers and boosting economic productivity as outlined in the Migration Strategy. These changes primarily affect holders of Temporary Work (Skilled) visas (subclass 457), Temporary Skill Shortage visas (subclass 482), and Skilled Employer Sponsored Regional (provisional) visas (subclass 494).
Exploring Current Visa Conditions: 8107, 8607, and 8608
- Visa Condition 8107 – Exclusive Work
Requirement:
Under this condition, visa holders are obligated to dedicate their work exclusively to their sponsoring employer and in the specific role for which their visa was granted. They are prohibited from seeking employment with any other employer or in a different position or field. This condition ensures alignment between the visa holder's job and the visa's intended purpose. - Visa Condition 8607 – Occupation-specific Work
Mandate:
For holders of subclass 482 visas (Temporary Skill Shortage), condition 8607 stipulates that they must engage solely in the occupation nominated in their latest visa application. Upon arrival in Australia or visa receipt, they are required to commence work within 90 days. Continuous employment must be maintained, with no breaks exceeding 60 consecutive days, except where exemptions are explicitly granted. - Visa Condition 8608 – Occupation Commitment
Requirement:
Similarly, visa holders under subclass 494 (Skilled Employer Sponsored Regional (Provisional)) must adhere strictly to condition 8608. They are mandated to work exclusively within their nominated occupation, commencing employment within 90 days of arrival or visa issuance. Continuous employment is expected, with allowances for breaks not exceeding 90 consecutive days, subject to appropriate exemptions. These visa conditions play a crucial role in ensuring visa holders contribute effectively to the Australian workforce within their designated roles, fostering compliance and integrity in Australia's immigration framework.
Key Changes:
Extended Time Frames for Job Transitions
From now on, visa holders who leave their sponsoring employer will have more time to find new sponsorship, apply for different visas, or arrange to leave Australia:
- They can take up to 180 days at a stretch or a total of 365 days over their visa period.
During this period, visa holders can seek employment with other employers, even in roles different from those in their current sponsorship. This change aims to support individuals during job changes while reducing the risks of exploitation.
Sponsor Responsibilities and Compliance
Sponsors must promptly notify the Department of Home Affairs about any changes in their sponsored workers' employment status, such as ending sponsorship or resigning. This ensures compliance with regulations and allows for necessary administrative actions.
Impacted Visas and Transition Arrangements
These updates apply to current visa holders and those who receive visas on or after July 1, 2024. Importantly, periods when visa holders were not employed by their sponsor before July 1, 2024, will not count toward the newly introduced time limits.
Compliance with Licensing and Registration
Visa holders must adhere to licensing or registration requirements specific to their occupation. Failure to comply with mandatory licenses, registrations, or memberships could prevent them from legally performing their job duties.
Practical Tips for Visa Holders and Sponsors
Visa holders should plan their job transitions within the updated timeframes and ensure they meet all licensing and registration requirements. Sponsors are encouraged to support their sponsored workers through these transitions to maintain compliance with the revised visa conditions.
Where to from here?
These updated visa conditions demonstrate the Australian Government's commitment to creating a fair and dynamic labour market while safeguarding visa holders from exploitation. By understanding and adapting to these changes, both visa holders and sponsors can navigate the evolving landscape effectively, contributing positively to Australia's diverse and thriving workforce.
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.