If a visa holder has been sponsored by an employer and wishes to end their employment – or their employer wishes to do so – they will be required to find another employer within 60 days of the termination, make arrangements to lodge a separate visa application, or leave Australia.
Taking over a visa holder’s sponsorship
Assuming that you are able to find a different employer who is willing to sponsor you – or perhaps an offer has already been made! – a new nomination must be approved. The business must already be an approved TSS business sponsor (or be willing and able to apply for sponsorship as soon as possible), and must also have a genuine need to employ a person in your position.
A new nomination must also be submitted if an employer wishes to continue to employ the visa holder, but their role – and corresponding duties – are to be changed. The visa holder will also need to apply for a new visa in this case.
Condition 8607, which applies to all holders of 482 visas, requires that you only work for the employer that nominated you most recently, and in the occupation that you were nominated for.
You may only commence working for your new employer once your new nomination has been granted. If your visa is close to its expiry date, you should also lodge a new visa application.
If an employer stops employing or sponsoring an employee, or if they resign, the employer must advise the Department within 10 days of their ceased employment. Throughout the course of the 60 day period, the employer must continue to meet its sponsor obligations to the visa holder and their dependants. If the employment was terminated by the employer, they are responsible for paying reasonable and necessary travel costs if the employee must subsequently leave the country.
It is also important to note that if the visa holder or any of their dependants become unlawful as a result of the termination of the visa holder’s employment, the employer may be liable for the costs of locating and removing them from Australia.
If you – as a visa holder or a sponsoring employer – find yourself in this situation, feel free to contact us to discuss your options.