Condition 8607 is a new condition that has been imposed on the TSS visa which applies to all primary visa holders. Condition 8607 requires that all primary TSS visa holders must only work for the approved sponsor, work only in the approved nominated occupation, start work within 90 days of arrival in Australia or within 90 days of the visa being granted if you are in Australia, not cease employment with your approved sponsor for a period of more than 60 days and hold any mandatory license, registration or membership as required by your nominated occupation.

The legislation for Condition 8607 is as follows:

(1)  The holder must work only in the occupation (the nominated occupation) nominated by the nomination identified in the application for the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder.

(2)  Unless subclause (3) applies, the holder must:

(a)  if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Labour Agreement stream—work only for the person who nominated the nominated occupation; or

(b)  if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Short-term stream or Medium-term stream and the person who nominated the nominated occupation was an overseas business sponsor at the time the nomination was approved—work only in a position in the person’s business; or

(c)  if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Short-term stream or Medium-term stream and the person who nominated the nominated occupation was not an overseas business sponsor at the time the nomination was approved—work only in a position in the person’s business or a business of an associated entity of the person.

(3)  This subclause applies if:

(a)  the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13); or

(b)  the holder is continuing to work for a person for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.

(4)  Subject to subclause (6), the holder must commence work within:

(a)  if the holder was outside Australia when the visa was granted—90 days after the holder’s arrival in Australia; or

(b)  if the holder was in Australia when the visa was granted—90 days after the holder’s visa was granted.

(5)  If the holder ceases employment, the period during which the holder ceases employment must not exceed 60 consecutive days.

(6)  If the holder is required to hold a licence, registration or membership (an authorisation) that is mandatory to perform the nominated occupation in the location where the holder’s position is situated, the holder must: 

(a)  hold the authorisation within:

(i)  if the holder was outside Australia when the visa was granted—90 days after the holder’s arrival in Australia; or

(ii)  if the holder was in Australia when the visa was granted—90 days after the holder’s visa was granted; and

(b)  continue to hold the authorisation while the holder is performing the occupation; and

(c)  notify Immigration, in writing, as soon as practicable if an application for the authorisation is refused; and

(d)  comply with each condition or requirement to which the authorisation is subject; and

(e)  not engage in work that is inconsistent with the authorisation, including any conditions or requirements to which the authorisation is subject; and

(f)  notify Immigration, in writing, as soon as practicable if the authorisation ceases to be in force or is revoked or cancelled.

 

Do you have further questions?

If you have further questions regarding Condition 8607 or wish to change employers (transfer your visa) please contact our law firm for further assistance.